Template v. 9.8.2025

REQUEST FOR PROPOSAL

by

The University of Texas at Tyler for

Selection of a Vendor to Provide

Services related to

Curriculum Design/Redesign and

Program and Course Design/Redesign Support

RFP No. 750-25/26-004

RFP Issue Date: December 12, 2025 Pre-Submittal Conference Date: December 19, 2025 Question Submittal Deadline: December 29, 2025 Intent to Bid Due Date: January 7, 2026 RFP Submittal Deadline Date: January 12, 2026

Issued: December 12, 2025

Prepared By:

Erin Mueck, CTCD Buyer III Procurement Services The University of Texas at Tyler 3900 University Blvd Tyler, TX 75799

TABLE OF CONTENTS

SECTION 1: INTRODUCTION

SECTION 2: NOTICE TO PROPOSER

SECTION 3: SUBMISSION OF PROPOSAL

SECTION 4: TERMS AND CONDITIONS

SECTION 5: SPECIFICATIONS AND ADDITIONAL QUESTIONS

SECTION 6: PRICING AND DELIVERY SCHEDULE

Attachments:

APPENDIX ONE: PROPOSAL REQUIREMENTS ………………………………………………..14

APPENDIX TWO: AGREEMENT ……………………………………………………………………25

APPENDIX THREE: HUB SUBCONTRACTING PLAN ……………………………………………..26

APPENDIX FOUR: CAMPUS MAP ……………………………………………………..……………27

APPENDIX FIVE: ACCESS BY INDIVIDUALS WITH DISABILITIES ………………………….28

APPENDIX SIX: ELECTRONIC AND INFORMATION RESOURCES ENVIRONMENT

SPECIFICATIONS ………………………………………………………………29

APPENDIX SEVEN: SECURITY CHARACTERISTICS AND FUNCTIONALITY OF

CONTRACTOR’S INFORMATION RESOURCES .………………………….31

SECTION 1 - INTRODUCTION

1.1 Description of University

The University of Texas at Tyler is a comprehensive public regional University in the UT System, classified as a Carnegie R2 Research University. Fall 2025 enrollment was 11,602 with 80% of students receiving financial aid. The University structure includes 8 colleges/schools with almost 100 undergraduate and graduate degree programs to 11,000 students and is accredited by the Southern Association of Colleges and Schools Commission on Colleges. UT Tyler Online Programs currently include three undergraduate Programs and 38 graduate programs.

1.2 Background and Special Circumstances

Currently, UT Tyler utilizes vendors to facilitate services such as, but not limited to, curriculum design, instructional design, course mapping, and curriculum support/development. UT Tyler is seeking proposals from vendor(s) to support optimizing programs in all Colleges, Schools, and other online education initiatives at UT Tyler including, but not limited to, the School of Education, the School of Health Professions, the School of Nursing, the College of Business, the College of Arts and Sciences, and the College of Engineering. Such optimization should include the design and/or redesign of curriculum, program design and/or redesign, course design and/or redesign, production of original materials (e.g. videos and other materials) to be used in courses, the ability to support such design/redesign with software that will align with accreditation needs, and the ability to support competency based education practices.

1.3 Objective of Request for Proposal

The University of Texas at Tyler (University) is soliciting proposals from qualified vendors to perform work (Work) more specifically described in Section 5.4 (Scope of Work) of this Request for Proposal (RFP).

1.4 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by §61.003, Education Code) to use the group purchasing procurement method (ref. §§51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer under this RFP. In particular, Proposer should note that University is part of The University of Texas System (UT System), which is comprised of fourteen institutions described at http://www.utsystem.edu/institutions. UT System institutions routinely evaluate whether a contract resulting from a procurement conducted by one of the institutions might be suitable for use by another, and if so, this RFP could give rise to additional purchase volumes. As a result, in submitting its proposal, Proposer should consider proposing a pricing model and other commercial terms that take into account the higher volumes and other expanded opportunities that could result from the eventual inclusion of other institutions in the purchase contemplated by this RFP. Any purchases made by other institutions based on this RFP will be the sole responsibility of those institutions.

SECTION 2 - NOTICE TO PROPOSER

2.1 Submittal Deadline

University will accept proposals until 3:00 p.m. Central Time, on January 12, 2026 (Submittal Deadline).

2.2 RFP Contact Information and Questions

Interested parties may direct questions about this RFP to:

Procurement Services The University of Texas at Tyler

University instructs interested parties to restrict all contact and questions regarding this RFP to written communications delivered (i) in accordance with this Section on or before December 29, 2025 (Question Deadline), or (ii) if questions relate to Historically Underutilized Businesses, in accordance with Section 2.5.

University will provide responses as soon as practicable following the Question Deadline. University intends to respond to all timely submitted questions. However, University reserves the right to decline to respond to any question.

2.3 Criteria for Selection

The successful Proposer, if any, selected by University through this RFP will be the Proposer that submits a proposal on or before the Submittal Deadline that is the most advantageous to University. Contractor means the successful Proposer under this RFP.

Proposer is encouraged to propose terms and conditions offering the maximum benefit to University in terms of (1) service, (2) total overall cost, (3) project management expertise, and (4) demonstrated success in the field.

The evaluation of proposals and the selection of Contractor will be based on the information provided in the proposal and interviews (either in person or virtually) with finalists. University may consider additional information if University determines the information is relevant.

Criteria to be considered by University in evaluating proposals and selecting Contractor, will be these factors:

2.3.1 Threshold Criteria Not Scored

2.3.1.1 Ability of University to comply with laws regarding Historically Underutilized Businesses; and

2.3.1.2 Ability of University to comply with laws regarding purchases from persons with disabilities.

2.3.2 Scored Criteria

2.3.2.1 Cost of goods and services;

Vendor should provide a pricing model for the quote of services requested in the RFP

2.3.2.2 Reputation of the Proposer and of the Proposer's goods or services;

Based on a survey of references and/or general industry knowledge of the evaluation team

List of universities who have utilized their services (most similar to those in Statement of Work)

2.3.2.3 Quality of the Proposer's goods or services;

2.3.2.4 Extent to which the goods or services meet the University's needs:

Types of breadth of services proposed

Sample(s) of each item from Statement of Work

Demonstratable history of working with educational institutions

2.3.2.5 Proposer's past relationship with the University:

Does the proposer’s plan of services align with the needs of the University and specific programs?

Is the proposer an industry leader in the field?

Does the proposer have demonstrated success in delivering comprehensive services to support growth of programs?

Will the proposer assign a dedicated representative to the University?

What other value-added services and support does the proposer offer?

Ability to meet University implementation timeline

Compatible with systems at University (e.g. CRM Reach)

Client support plan

2.3.2.6 Total long-term cost to the University of acquiring the Proposer's goods or services:

Will additional resources be needed to utilize services?

Adaptable, customizable sustainability of products/services;

Need for regular refresh of products/services

2.3.2.7 Any other relevant factors that a private business entity would consider in selecting a vendor:

Does the proposer have a backup/recovery plan in the event of unforeseen issues?

Does the vendor have adequate staff to handle the University’s volume?

Years of experience working in this space Thoroughness of submission materials Media buying fee structure Volume discounts (printing, mailing, etc.)

2.3.2.8 Proposer’s exceptions to the terms and conditions set forth in Section 4.

2.4 Key Events Schedule

Date RFP Issued December 12, 2025

Pre-Proposal Conference December 19, 2025 (ref. Section 2.6) (9:00 AM – 10:00 AM CST)

Question Deadline December 29, 2025 (ref. Section 2.2) (3:00 PM CST)

Intent to Bid Deadline January 7, 2026

(3:00 PM CST)

Submittal Deadline January 12, 2026

(ref. Section 2.1) (3:00 PM CST)

2.5 Historically Underutilized Businesses

2.5.1 All agencies of the State of Texas are required to make a good faith effort to assist historically underutilized businesses (HUBs) in receiving contract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. Pursuant to the HUB program, if under the terms of any agreement or contractual arrangement resulting from this RFP, Contractor subcontracts any Work, then Contractor must make a good faith effort to utilize HUBs certified by the Procurement and Support Services Division of the Texas Comptroller of Public Accounts. Proposals that fail to comply with the requirements contained in this Section 2.5 will constitute a material failure to comply with advertised specifications and will be rejected by University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any agreement or contractual arrangement resulting from this RFP. Proposer acknowledges that, if selected by University, its obligation to make a good faith effort to utilize HUBs when subcontracting any Work will continue throughout the term of all agreements and contractual arrangements resulting from this RFP. Furthermore, any subcontracting of Work by the Proposer is subject to review by University to ensure compliance with the HUB program.

2.5.2 University has reviewed this RFP in accordance with 34 TAC §20.285, and has determined that subcontracting opportunities are probable under this RFP.

2.5.3 A HUB Subcontracting Plan (HSP) is a required part of the proposal. The HSP will be developed and administered in accordance with University’s Policy on Utilization of Historically Underutilized Businesses, attached as APPENDIX THREE.

Each Proposer must complete and return the HSP in accordance with the terms and conditions of this RFP, including APPENDIX THREE. Proposers that fail to submit the HSP will be considered non-responsive to this RFP as required by §2161.252, Government Code.

Questions regarding the HSP may be directed to:

Contact: HUB Office The University of Texas at Tyler

Email: HUB@uttyler.edu

Contractor will not be permitted to change its HSP unless: (1) Contractor completes a new HSP in accordance with the terms of APPENDIX THREE, setting forth all modifications requested by Contractor,

(2) Contractor provides the modified HSP to University, (3) University approves the modified HSP in writing, and (4) all agreements resulting from this RFP are amended in writing to conform to the modified HSP.

2.5.4 At the same time Proposer submits its proposal (no later than the Submittal Deadline (ref. Section 2.1)), Proposer must submit the following HUB materials (HUB Materials):

(a) One (1) complete electronic copy of Proposer’s HSP in a single .pdf file submitted online using the Bonfire Hub website currently found at https://uttyler.bonfirehub.com.

University will open Proposer’s HSP Envelope prior to opening the proposal to confirm Proposer submitted the HSP. Proposer’s failure to submit the HSP will result in University’s rejection of the proposal as non-responsive due to material failure to comply with advertised specifications.

2.5.5 University may offer Proposer an opportunity to seek informal review of its draft HSP by University’s HUB

Office before the Submittal Deadline. If University extends this offer, details will be provided. Informal review is designed to help address questions Proposer may have about how to complete its HSP properly.

Concurrence or comment on Proposer’s draft HSP by University will not constitute formal approval of the HSP, and will not eliminate the need for Proposer to submit its final HSP to University as instructed by Section 2.5.

2.6 Pre-Proposal Conference

University will hold a pre-proposal conference at 9:00 AM – 10:00 AM, Central Time on December 19, 2025, on Microsoft Teams. Please see link below for meeting. The pre-proposal conference will allow all Proposers an opportunity to ask University’s representatives relevant questions and clarify provisions of this RFP.

Microsoft Teams Meeting link:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTE3YmQyN2QtOTFhYi00NDhjLThkZDYtMzJkYTU5Y2UyOGM4%40thread.v2/0?context= %7b%22Tid%22%3a%225f5c2410-cd60-4dbe-b97e-3c9c38140272%22%2c%22Oid%22%3a%22be55f86c- 40d8-4b76-91fd-88157a5a1624%22%7d

SECTION 3 - SUBMISSION OF PROPOSAL

3.1 Number of Copies

Proposer must submit one (1) complete electronic copy of each requested document under Requested Information in the Bonfire Portal.

3.2 Submission

Proposals must be received by University on or before the Submittal Deadline (ref. Section 2.1):

Proposals shall be submitted online using the Bonfire Hub Portal currently found at https://uttyler.bonfirehub.com. Submissions by other methods will NOT be accepted.

Browser cookies must be enabled. Respondents should contact Bonfire at Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

Submissions may be amended, but only before the Submission Deadline. Respondents wishing to amend their Proposal may amend before the Submission Deadline directly on the Bonfire Hub website https://uttyler.bonfirehub.com.

3.3 Proposal Validity Period

Each proposal must state that it will remain valid for University’s acceptance for a minimum of 180 days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays.

3.4 Terms and Conditions

3.4.1 Proposer must comply with the requirements and specifications contained in this RFP, including the Agreement (ref. APPENDIX TWO), the Notice to Proposer (ref. Section 2), Proposal Requirements (ref.

APPENDIX ONE) and the Specifications and Additional Questions (ref. Section 5). If there is a conflict among the provisions in this RFP, the provision requiring Proposer to supply the better quality or greater quantity of services will prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence:

3.4.1.1 Specifications and Additional Questions (ref. Section 5);

3.4.1.2 Agreement (ref. APPENDIX TWO);

3.4.1.3 Proposal Requirements (ref. APPENDIX ONE);

3.4.1.4 Notice to Proposers (ref. Section 2).

3.5 Submittal Checklist

Proposer is instructed to complete, sign, and return the following documents as a part of its proposal. If Proposer fails to return each of the following items with its proposal, then University may reject the proposal:

3.5.1 Signed and Completed Execution of Offer (ref. Section 2 of APPENDIX ONE)

3.5.2 Signed and Completed Pricing and Delivery Schedule (ref. Section 6)

3.5.3 Responses to Proposer's General Questionnaire (ref. Section 3 of APPENDIX ONE)

3.5.4 Signed and Completed Addenda Checklist (ref. Section 4 of APPENDIX ONE)

3.5.5 Responses to questions and requests for information in the Specifications and Additional Questions Section

(ref. Section 5)

3.5.6 Signed and completed originals of the HUB Subcontracting Plan or other applicable documents (ref.

Section 2.5 and APPENDIX THREE).

SECTION 4 - TERMS AND CONDITIONS

The terms and conditions contained in the attached Agreement (ref. APPENDIX TWO) or, in the sole discretion of University, terms and conditions substantially similar to those contained in the Agreement, will constitute and govern any agreement that results from this RFP. If Proposer takes exception to any terms or conditions set forth in the Agreement, Proposer will submit a list of the exceptions as part of its proposal in accordance with Section 5.3.1. Proposer’s exceptions will be reviewed by University and may result in disqualification of Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in disqualification of Proposer’s proposal, then University may consider Proposer’s exceptions when University evaluates the Proposer’s proposal.

SECTION 5 - SPECIFICATIONS AND ADDITIONAL QUESTIONS

5.1 General

Minimum requirements and specifications for Work, as well as certain requests for information to be provided by Proposer as part of its proposal, are set forth below. As indicated in Section 2.3, Contractor means the successful Proposer.

5.2 Minimum Requirements

Reserved

5.3 Additional Questions Specific to this RFP

Proposer must submit the following information as part of Proposer’s proposal:

5.3.1 If Proposer takes exception to any terms or conditions set forth in APPENDIX TWO, Proposer must submit a list of the exceptions.

5.3.2 In its proposal, Proposer must indicate whether it will consent to include in the Agreement the “Access by Individuals with Disabilities” language that is set forth in APPENDIX FIVE, Access by Individuals with Disabilities. If Proposer objects to the inclusion of the “Access by Individuals with Disabilities” language in the Agreement, Proposer must, as part of its proposal, specifically identify and describe in detail all of the reasons for Proposer’s objection. NOTE: A GENERAL OBJECTION IS NOT AN ACCEPTABLE

RESPONSE TO THIS QUESTION.

5.3.3 In its proposal, Proposer must respond to each item listed in APPENDIX SIX, Electronic and Information

Resources (EIR) Environment Specifications. APPENDIX SIX will establish specifications, representations, warranties and agreements related to the EIR that Proposer is offering to provide to University. Responses to APPENDIX SIX will be incorporated into the Agreement and will be binding on Contractor.

5.3.4 In its proposal, Proposer must respond to each item listed in APPENDIX SEVEN, Security Characteristics and Functionality of Contractor’s Information Resources. APPENDIX SEVEN will establish specifications, representations, warranties and agreements related to the EIR that Proposer is offering to provide to University. Responses to APPENDIX SEVEN will be incorporated into the Agreement and will be binding on Contractor.

5.4 Scope of Work

5.4.1 Contractor will provide the following services to University:

5.4.1.1 Provide support to faculty for instructional design, course development, program development and best practices in teaching and program design.

5.4.1.2 Assist the University in structuring multiple annual start dates, as appropriate to each program, and implementing best practices for delivery of programs.

5.4.1.3 Provide support for developing cohesive program plans and streamlining processes to support students’ learning experiences.

5.4.1.4 Provide the University’s discretion cross-functional project management services to drive program implementation activities.

5.4.2 Program and Curriculum Design and/or Redesign with Implementation Support for Various

Existing and New Program Offerings

5.4.2.1 Provide lead personnel and facilitate planning sessions.

5.4.2.2 Collaborate with University program personnel to define the program vision.

5.4.2.3 Develop the vision into defined parameters for curriculum & instruction within required state and

University standards.

5.4.2.4 Develop the vision for optimal learner experience in collaboration with each program.

5.4.2.5 Define and incorporate, when program appropriate, competency-based curriculum development and standards.

5.4.2.6 Align competency-based curriculum to required assessment requirements.

5.4.2.7 Identify alternate credentials and degrees, including competency-based education curriculum mapping.

5.4.2.8 Provide project management to include scope, planning, timelines, communication, personnel, platforms, and processes.

5.4.2.9 Collaborate with University personnel on instructional design, including competency-based design when needed, in order to meet faculty needs and ensure that the instructional design is aligned with the vision and parameters defined for each program during the discovery and planning phase.

5.4.3 Video Production and LMS Support

5.4.3.1 LMS Content Designers translate faculty course content into Canvas courses.

5.4.3.2 Review course content for quality assurance and continuous improvement.

5.4.3.3 Provide personnel to create videos for courses in conjunction with faculty to include as course content.

5.4.3.4 Collaborate with faculty before production to incorporate best practices, online teaching and learning theory, and student learning outcomes are aligned with course needs.

5.4.3.5 Create additional content for videos including, but not limited to, graphics, animation, etc.

5.4.3.6 Leverage LMS course design and content to facilitate growth of programs and retention of students.

5.4.4 Curriculum Support Services to Align with UT Tyler Enrollment Management, Office of Continuous Improvement and Assessment, and Other UT Tyler Administrative Offices

5.4.4.1 Provide blueprinting/course mapping and conversion assistance

5.4.4.2 Develop multiple session start dates to align with the requirements of the financial aid office, and introduce the best practices for curriculum in cooperation with such offices.

5.4.4.3 Assist in aligning student learning outcomes as well as program learning outcomes with assessment needs.

5.4.4.4 Provide post-development review of curriculum, courses, and programs.

5.4.4.5 Provide software and personnel to support instructional design as well as curriculum and course mapping, ensuring alignment with accreditation standards (both university-wide (e.g. SACSCOC) and program specific accreditation needs). Such software should also:

Also allow for robust reporting.

Be able to support continuing education and professional development programs.

Be able to support competency-based education.

Facilitate continuous improvement efforts.

5.4.4.6 Provide personnel for collaboration with University personnel on continuous improvement, course updates, and program updates.

5.4.5 Preferred Qualifications

5.4.5.1 Proficiency in State Education Standards

5.4.5.2 Texas Education Code

5.4.5.3 Texas Administrative Code

5.4.5.4 Texas Higher Education Coordinating Board

5.4.5.5 Texas Education Agency

5.4.5.6 State Board for Educator Certification

5.4.5.7 Educator Certification Online System

5.4.5.8 Proficiency in Education Preparation curriculum P-20

5.4.5.9 Proficiency with IRB processes, CITI Research Training, Research Ethics/The Belmont Report

5.4.5.10 Proficiency in State Nursing Certification Standards

Texas Board of Nursing

Multi-State Compact

State Board of Nursing Requirements outside of the State of Texas

5.4.5.11 Proficiency in Compliance Requirements

Clinical compliance requirements for onboarding at healthcare facilities

Compliance requirements for onboarding at education facilities

5.4.5.12 Proficiency in Business Related Internship/Practicum Requirements for Sponsoring

Organizations and Students

5.4.5.13 Proficiency in Engineering Related Experiential Education

5.4.5.14 Proficiency in Competency Based Education Curriculum Development

5.4.5.15 Competency in Continuing Education and Professional Development Programs

SECTION 6 - PRICING AND DELIVERY SCHEDULE

Proposal of: ___________________________________ (Proposer Name)

To: University

RFP No.: 750-25/26-004

Ladies and Gentlemen:

Having examined specifications and requirements of this RFP (including attachments), the undersigned proposes to furnish Work upon the pricing terms quoted below:

6.1 Term of Agreement

University anticipates that the term of the Agreement may be up to 3 years with the initial term of the Agreement proposed to begin on April 1, 2026 (as soon as the contract is executed) and proposed to expire on April 1, 2027 (1 year after the contract start date). University may elect to renew the Agreement for up to 2 additional 1-year terms.

6.2 Pricing for Work and Expenses

Fee for service. University will not reimburse Contractor for expenses.

6.3 Discounts

Describe all discounts that may be available to University, including educational, federal, state and local discounts.

6.4 Schedule for Completion of Tasks and Submittal of Deliverables

Proposer shall provide a proposed schedule for completion of tasks and submitted deliverables in accordance with the Scope of Work (ref. Section 5.4) and as requested with this solicitation. The University prefers that the work begin as soon as possible. Actual start date to be determined and reflected in any resulting agreement.

6.5 Payment Terms

University’s standard payment terms are “net 30 days” as mandated by the Texas Prompt Payment Act (ref. Chapter 2251, Government Code).

Indicate below the prompt payment discount that Proposer offers:

Prompt Payment Discount: _____%_____days/net 30 days.

Section 51.012, Education Code, authorizes University to make payments through electronic funds transfer methods.

Respondent agrees to accept payments from University through those methods, including the automated clearing house system (ACH). Respondent agrees to provide Respondent’s banking information to University in writing on Respondent letterhead signed by an authorized representative of Respondent. Prior to the first payment, University will confirm Respondent’s banking information. Changes to Respondent’s bank information must be communicated to University in writing at least thirty (30) days before the effective date of the change and must include an IRS Form W-9 signed by an authorized representative of Respondent.

University, an agency of the State of Texas, is exempt from Texas Sales & Use Tax on goods and services in accordance with §151.309, Tax Code, and Title 34 TAC §3.322. Pursuant to 34 TAC §3.322(c)(4), University is not required to provide a tax exemption certificate to establish its tax exempt status.

Respectfully submitted, Proposer: ____________________________

By: ___________________________

(Authorized Signature for Proposer)

Name: _________________________

Title: __________________________

Date: __________________________

APPENDIX ONE - PROPOSAL REQUIREMENTS

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

SECTION 2: EXECUTION OF OFFER

SECTION 3: PROPOSER'S GENERAL QUESTIONNAIRE

SECTION 4: ADDENDA CHECKLIST

SECTION 1 - GENERAL INFORMATION

1.1 Purpose

University is soliciting competitive sealed proposals from Proposers having suitable qualifications and experience providing services in accordance with the terms, conditions and requirements set forth in this RFP. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by University.

By submitting a proposal, Proposer certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of services to be performed, the detailed requirements of services to be provided, and the conditions under which services are to be performed.

Proposer also certifies that it understands that all costs relating to preparing a response to this RFP will be the sole responsibility of the Proposer.

PROPOSER IS CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE

RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

1.2 Inquiries and Interpretations

University may in its sole discretion respond in writing to written inquiries concerning this RFP and mail its response as an Addendum to all parties recorded by University as having received a copy of this RFP. Only University’s responses that are made by formal written Addenda will be binding on University. Any verbal responses, written interpretations or clarifications other than Addenda to this RFP will be without legal effect. All Addenda issued by University prior to the Submittal Deadline will be and are hereby incorporated as a part of this RFP for all purposes.

Proposers are required to acknowledge receipt of each Addendum as specified in this Section. The Proposer must acknowledge all Addenda by completing, signing and returning the Addenda Checklist (ref. Section 4 of APPENDIX ONE). The Addenda Checklist must be received by University prior to the Submittal Deadline and should accompany the Proposer’s proposal.

Any interested party that receives this RFP by means other than directly from University is responsible for notifying University that it has received an RFP package, and should provide its name, address, telephone and facsimile (FAX) numbers, and email address, to University, so that if University issues Addenda to this RFP or provides written answers to questions, that information can be provided to that party.

1.3 Public Information

Proposer is hereby notified that University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information.

University may seek to protect from disclosure all information submitted in response to this RFP until such time as a final agreement is executed.

Upon execution of a final agreement, University will consider all information, documentation, and other materials requested to be submitted in response to this RFP, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (ref. Chapter 552, Government Code). Proposer will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under §§552.101, 552.104, 552.110, 552.113, and 552.131, Government Code.

1.4 Type of Agreement

Contractor, if any, will be required to enter into a contract with University in a form substantially similar to the Agreement between University and Contractor attached to this RFP as APPENDIX TWO, and otherwise acceptable to University in all respects (Agreement).

1.5 Proposal Evaluation Process

University will select Contractor by using the competitive sealed proposal process described in this Section. Any proposals that are not submitted by the Submittal Deadline or that are not accompanied by required number of completed and signed originals of the HSP will be rejected by University as non-responsive due to material failure to comply with this RFP (ref. Section 2.5.4). Upon completion of the initial review and evaluation of proposals, University may invite one or more selected Proposers to participate in oral presentations. University will use commercially reasonable efforts to avoid public disclosure of the contents of a proposal prior to selection of Contractor.

University may make the selection of Contractor on the basis of the proposals initially submitted, without discussion, clarification or modification.

In the alternative, University may make the selection of Contractor on the basis of negotiation with any of the Proposers. In conducting negotiations, University will use commercially reasonable efforts to avoid disclosing the contents of competing proposals.

University may discuss and negotiate all elements of proposals submitted by Proposers within a specified competitive range. For purposes of negotiation, University may establish, after an initial review of the proposals, a competitive range of acceptable or potentially acceptable proposals composed of the highest rated proposal(s). In that event, University may defer further action on proposals not included within the competitive range pending the selection of Contractor; provided, however, University reserves the right to include additional proposals in the competitive range if deemed to be in the best interest of University.

After the Submittal Deadline but before final selection of Contractor, University may permit Proposer to revise its proposal in order to obtain the Proposer's best and final offer. In that event, representations made by Proposer in its revised proposal, including price and fee quotes, will be binding on Proposer. University will provide each Proposer within the competitive range with an equal opportunity for discussion and revision of its proposal. University is not obligated to select the Proposer offering the most attractive economic terms if that Proposer is not the most advantageous to University overall, as determined by University.

University reserves the right to (a) enter into an agreement for all or any portion of the requirements and specifications set forth in this RFP with one or more Proposers, (b) reject any and all proposals and re-solicit proposals, or (c) reject any and all proposals and temporarily or permanently abandon this selection process, if deemed to be in the best interests of University. Proposer is hereby notified that University will maintain in its files concerning this RFP a written record of the basis upon which a selection, if any, is made by University.

1.6 Proposer's Acceptance of RFP Terms

Proposer (1) accepts [a] Proposal Evaluation Process (ref. Section 1.5 of APPENDIX ONE), [b] Criteria for Selection (ref. Section 2.3), [c] Specifications and Additional Questions (ref. Section 5), [d] terms and conditions of the Agreement (ref. APPENDIX TWO), and [e] all other requirements and specifications set forth in this RFP; and (2) acknowledges that some subjective judgments must be made by University during this RFP process.

1.7 Solicitation for Proposal and Proposal Preparation Costs

Proposer understands and agrees that (1) this RFP is a solicitation for proposals and University has made no representation written or oral that one or more agreements with University will be awarded under this RFP; (2) University issues this RFP predicated on University’s anticipated requirements for Work, and University has made no representation, written or oral, that any particular scope of work will actually be required by University; and (3) Proposer will bear, as its sole risk and responsibility, any cost that arises from Proposer’s preparation of a proposal in response to this RFP.

1.8 Proposal Requirements and General Instructions

1.8.1 Proposer should carefully read the information contained herein and submit a complete proposal in response to all requirements and questions as directed.

1.8.2 Proposals and any other information submitted by Proposer in response to this RFP will become the property of University.

1.8.3 University will not provide compensation to Proposer for any expenses incurred by the Proposer for proposal preparation or for demonstrations or oral presentations that may be made by Proposer. Proposer submits its proposal at its own risk and expense.

1.8.4 Proposals that (i) are qualified with conditional clauses; (ii) alter, modify, or revise this RFP in any way; or (iii) contain irregularities of any kind, are subject to disqualification by University, at University’s sole discretion.

1.8.5 Proposals should be prepared simply and economically, providing a straightforward, concise description of Proposer's ability to meet the requirements and specifications of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the requirements and specifications of this RFP.

1.8.6 University makes no warranty or guarantee that an award will be made as a result of this RFP. University reserves the right to accept or reject any or all proposals, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this RFP or the Agreement when deemed to be in University's best interest. University reserves the right to seek clarification from any Proposer concerning any item contained in its proposal prior to final selection. Such clarification may be provided by telephone conference or personal meeting with or writing to University, at University’s sole discretion.

Representations made by Proposer within its proposal will be binding on Proposer.

1.8.7 Any proposal that fails to comply with the requirements contained in this RFP may be rejected by University, in University’s sole discretion.

1.9 Preparation and Submittal Instructions

1.9.1 Specifications and Additional Questions

Proposals must include responses to the questions in Specifications and Additional Questions (ref. Section 5). Proposer should reference the item number and repeat the question in its response. In cases where a question does not apply or if unable to respond, Proposer should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Proposer should explain the reason when responding N/A or N/R.

1.9.2 Execution of Offer

Proposer must complete, sign and return the attached Execution of Offer (ref. Section 2 of APPENDIX ONE) as part of its proposal.

The Execution of Offer must be signed by a representative of Proposer duly authorized to bind the Proposer to its proposal. Any proposal received without a completed and signed Execution of Offer may be rejected by University, in its sole discretion.

1.9.3 Pricing and Delivery Schedule

Proposer must complete and return the Pricing and Delivery Schedule (ref. Section 6), as part of its proposal. In the Pricing and Delivery Schedule, the Proposer should describe in detail (a) the total fees for the entire scope of Work; and (b) the method by which the fees are calculated. The fees must be inclusive of all associated costs for delivery, labor, insurance, taxes, overhead, and profit.

University will not recognize or accept any charges or fees to perform Work that are not specifically stated in the Pricing and Delivery Schedule.

In the Pricing and Delivery Schedule, Proposer should describe each significant phase in the process of providing Work to University, and the time period within which Proposer proposes to be able to complete each such phase.

1.9.4 Proposer’s General Questionnaire

Proposals must include responses to the questions in Proposer’s General Questionnaire (ref. Section 3 of APPENDIX ONE).

Proposer should reference the item number and repeat the question in its response. In cases where a question does not apply or if unable to respond, Proposer should refer to the item number, repeat the question, and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Proposer should explain the reason when responding N/A or N/R.

1.9.5 Addenda Checklist

Proposer should acknowledge all Addenda to this RFP (if any) by completing, signing and returning the Addenda Checklist (ref.

Section 4 of APPENDIX ONE) as part of its proposal. Any proposal received without a completed and signed Addenda Checklist may be rejected by University, in its sole discretion.

1.9.6 Submission

Proposer should submit all proposal materials as instructed in Section 3. RFP No. (ref. Title Page) and Submittal Deadline (ref.

Section 2.1) should be clearly shown (1) in the Subject line of any email transmitting the proposal, and (2) in the lower left-hand corner on the top surface of any envelope or package containing the proposal. In addition, the name and the return address of the Proposer should be clearly visible in any email or on any envelope or package.

Proposer must also submit the HUB Subcontracting Plan (also called the HSP) as required by Section 2.6.

University will not under any circumstances consider a proposal that is received after the Submittal Deadline or which is not accompanied by the HSP as required by Section 2.6. University will not accept proposals submitted by telephone or FAX transmission.

Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted to University. However, a proposal may be withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without University’s consent, which will be based on Proposer's written request explaining and documenting the reason for withdrawal, which is acceptable to University.

SECTION 2 - EXECUTION OF OFFER

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED AND RETURNED WITH PROPOSER'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSER’S PROPOSAL MAY RESULT IN THE REJECTION OF THE PROPOSAL.

2.1 Representations and Warranties.

Proposer represents, warrants, certifies, acknowledges, and agrees as follows:

2.1.1 Proposer will furnish Work to University and comply with all terms, conditions, requirements and specifications set forth in this RFP and any resulting Agreement.

2.1.2 This RFP is a solicitation for a proposal and is not a contract or an offer to contract Submission of a proposal by Proposer in response to this RFP will not create a contract between University and Proposer. University has made no representation or warranty, written or oral, that one or more contracts with University will be awarded under this RFP. Proposer will bear, as its sole risk and responsibility, any cost arising from Proposer’s preparation of a response to this RFP.

2.1.3 Proposer is a reputable company that is lawfully and regularly engaged in providing Work.

2.1.4 Proposer has the necessary experience, knowledge, abilities, skills, and resources to perform Work.

2.1.5 Proposer is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances relating to performance of Work.

2.1.6 Proposer understands (i) the requirements and specifications set forth in this RFP and (ii) the terms and conditions set forth in the Agreement under which Proposer will be required to operate.

2.1.7 Proposer will not delegate any of its duties or responsibilities under this RFP or the Agreement to any sub-contractor, except as expressly provided in the Agreement.

2.1.8 Proposer will maintain any insurance coverage required by the Agreement during the entire term.

2.1.9 All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. University will rely on such statements, information and representations in selecting Contractor. If selected by University, Proposer will notify University immediately of any material change in any matters with regard to which Proposer has made a statement or representation or provided information.

2.1.10 PROPOSER WILL DEFEND WITH COUNSEL APPROVED BY UNIVERSITY, INDEMNIFY, AND HOLD HARMLESS UNIVERSITY, UT SYSTEM, THE STATE

OF TEXAS, AND ALL OF THEIR REGENTS, OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ALL ACTIONS, SUITS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND OTHER CLAIMS OF ANY NATURE, KIND OR DESCRIPTION, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED IN

INVESTIGATING, DEFENDING OR SETTLING ANY OF THE FOREGOING, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM (1) ANY

NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF PROPOSER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF

PROPOSER IN THE PERFORMANCE, EXECUTION OR SUBMISSION OF THIS RFP OR (2) PROPOSER’S PERFORMANCE UNDER ANY CONTRACT OR

AGREEMENT RESULTING FROM THIS RFP.

2.1.11 Pursuant to §§2107.008 and 2252.903, Government Code, any payments owing to Proposer under the Agreement may be applied directly to any debt or delinquency that Proposer owes the State of Texas or any agency of the State of Texas, regardless of when it arises, until such debt or delinquency is paid in full.

2.1.12 Any terms, conditions, or documents attached to or referenced in Proposer’s proposal are applicable to this procurement only to the extent that they (a) do not conflict with the laws of the State of Texas or this RFP, and (b) do not place any requirements on University that are not set forth in this RFP. Submission of a proposal is Proposer's good faith intent to enter into the Agreement with University as specified in this RFP and that Proposer’s intent is not contingent upon University's acceptance or execution of any terms, conditions, or other documents attached to or referenced in Proposer’s proposal.

2.1.13 Pursuant to Chapter 2271, Texas Government Code, Contractor certifies Contractor (1) does not currently boycott Israel; and (2) will not boycott Israel during the Term of this Agreement. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

2.1.14 Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Proposer certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Proposer acknowledges any contract or agreement resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

2.1.15 Pursuant to Chapter 2274, Texas Government Code, Proposer verifies (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) it will not discriminate during the term of any contract or agreement resulting from this RFP against a firearm entity or firearm trade association. Proposer acknowledges any contract or agreement resulting from this RFP may be terminated and payment withheld if this verification is inaccurate.

2.1.16 Pursuant to Chapter 2276, Texas Government Code, Proposer verifies (1) it does not boycott energy companies and (2) it will not boycott energy companies during the term of any contract or agreement resulting from this RFP. Proposer acknowledges any contract or agreement resulting from this RFP may be terminated and payment withheld if this verification is inaccurate.

2.1.17 Pursuant to Section 161.0085, Texas Health and Safety Code (enacted by SB 968, 87th Texas Legislature, Regular Session (2021)), Proposer certifies that it does not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Proposer’s business. Proposer acknowledges any contract or agreement resulting from this RFP may be terminated and payment withheld if this certification is inaccurate.

2.1.18 Pursuant to Executive Order GA-48 of the Governor of Texas effective November 19, 2024, Proposer certifies that it and, if applicable, any of its holding companies or subsidiaries, is not:

a. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

b. Listed in Section 1260H of the 2021 NDAA; or

c. Owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4;

or

d. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4.

2.2 No Benefit to Public Servants. Proposer has not given or offered to give, nor does Proposer intend 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 its proposal. Failure to sign this Execution of Offer, or signing with a false statement, may void the submitted proposal or any resulting Agreement, and Proposer may be removed from all proposer lists at University.

2.3 Tax Certification. Proposer is not currently delinquent in the payment of any taxes due under Chapter 171, Tax Code, or Proposer is exempt from the payment of those taxes, or Proposer is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable. A false certification will be deemed a material breach of any resulting contract or agreement and, at University's option, may result in termination of any resulting Agreement.

2.4 Antitrust Certification. Neither Proposer nor any firm, corporation, partnership or institution represented by Proposer, nor anyone acting for such firm, corporation or institution, has violated the antitrust laws of the State of Texas, codified in §15.01 et seq., 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.

2.5 Authority Certification. The individual signing this document and the documents made a part of this RFP, is authorized to sign the documents on behalf of Proposer and to bind Proposer under any resulting Agreement.

2.6 Child Support Certification. Under §231.006, Family Code, relating to child support, the individual or business entity named in Proposer’s proposal is not ineligible to receive award of the Agreement, and any Agreements resulting from this RFP may be terminated if this certification is inaccurate.

2.7 Relationship Certifications.

No relationship, whether by blood, marriage, business association, capital funding agreement or by any other such kinship or connection exists between the owner of any Proposer that is a sole proprietorship, the officers or directors of any Proposer that is a corporation, the partners of any Proposer that is a partnership, the joint venturers of any Proposer that is a joint venture, or the members or managers of any Proposer that is a limited liability company, on one hand, and an employee of any member institution of UT System, on the other hand, other than the relationships which have been previously disclosed to University in writing.

Neither Proposer nor any of its employees have been or will have been employees of UT System or any member institution of UT System within the immediate twelve (12) months prior to (a) the Submittal Deadline…