REQUEST FOR PROPOSAL

by

The University of Texas at Tyler for

Selection of a Vendor to Provide Ticketing Platform related to

R. Don Cowan Fine and Performing Arts Center

RFP No. 750-25/26-003

RFP Issue Date: December 1, 2025 Question Submittal Deadline: December 16, 2025

RFP Submittal Deadline: January 09, 2026

Issued: December 1, 2025 Prepared By:

Erin Mueck 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

APPENDIX TWO: AGREEMENT

APPENDIX THREE: HUB SUBCONTRACTING PLAN

APPENDIX FOUR: CAMPUS MAP

APPENDIX FIVE: ACCESS BY INDIVIDUALS WITH DISABILITIES

APPENDIX SIX: ELECTRONIC AND INFORMATION RESOURCES ENVIRONMENT SPECIFICATIONS

APPENDIX SEVEN: SECURITY CHARACTERISTICS AND FUNCTIONALITY OF CONTRACTOR’S

INFORMATION RESOURCES

SECTION 1 - INTRODUCTION

1.1 Description of University

With a mission to improve educational and health care outcomes for East Texas and beyond, UT Tyler offers more than 90 undergraduate and graduate programs to more than 11,500 students. Through its alignment with UT Tyler Health Science Center and UT Health East Texas, UT Tyler has unified these entities to serve Texas with quality education, cutting-edge research and excellent patient care. Classified by Carnegie as a doctoral research institution and by U.S. News & World Report as a national university, UT Tyler has campuses in Tyler, Longview, Palestine and Houston.

1.2 Background and Special Circumstances

The UT Tyler R. Don Cowan Fine and Performing Arts Center is the region’s leading presenter of nationally recognized arts, entertainment, speakers and educational programming. The Cowan Center also hosts concerts and events by the UT Tyler School of Performing Arts, East Texas Symphony Orchestra, Texas Rose Festival, and other internal and external partners.

Through this Request for Proposal (“RFP”), University is seeking qualified, experienced, financially secure and reliable companies (“Proposers”) to assist University in providing a computerized ticketing platform. This shall be in accordance with the terms, conditions, and requirements set forth in this RFP.

The Services are to include a computerized ticketing platform for the Cowan Center, its venue box offices, all satellite locations for the sale of tickets to individual, group, and season events, and all authorized office workstations. Tickets for events should be available for purchase through on-campus facilities, Proposer’s off-campus outlets (“Additional Ticketing Distribution Sites”), and by telephone and internet. Proposer must demonstrate it has efficient and quality customer service, knowledge, experience, software, hardware, and personnel to provide Services to University.

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), including provision of (1) cloud-based ticketing solution; (2) integrated customer relationship management and marketing tools; and (3) necessary equipment and peripherals for event management.

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 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.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.61.htm#61.003 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.9335 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.73.htm#73.115 http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.74.htm#74.008 http://www.utsystem.edu/institutions

SECTION 2 - NOTICE TO PROPOSER

2.1 Submittal Deadline

University will accept proposals until 4:00 PM Central Time on Friday, January 09, 2026.

2.2 RFP Contact Information and Questions

Interested parties may direct questions about this RFP to:

Erin Mueck Procurement Services The University of Texas at Tyler 3900 University Blvd Tyler, Texas 75799

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 16, 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, and (3) project management expertise.

The evaluation of proposals and the selection of Contractor will be based on the information provided in the proposal. 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;

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

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;

2.3.2.5 Proposer's past relationship with the University;

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

Pursuant to §361.965(d), Health and Safety Code, University will give preference to a Proposer that demonstrates a program to recycle computer equipment of other manufacturers, including collection events and manufacturer initiatives to accept computer equipment labeled with another manufacturer's brand (ref. Section 5.3.5).

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.361.htm#361.965

2.4 Key Events Schedule

Date RFP Issued December 1, 2025

Question Deadline December 16, 2025 (ref. Section 2.2) (4:00 PM CST)

Submittal Deadline January 09, 2026

(ref. Section 2.1) (4:00 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 Texas Administrative Code (TAC) §20.285, and has determined that subcontracting opportunities are not 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 3900 University Blvd, Tyler, TX, 75799 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.

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.

https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F22%2F2025&recordId=214411 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2161.htm#2161.252 mailto:HUB@uttyler.edu

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. 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.

SECTION 3 - SUBMISSION OF PROPOSAL

3.1 Number of Copies

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 BonfireHub website 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 BonfireHub 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 90 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).

https://uttyler.bonfirehub.com/ https://bonfirehub.zendesk.com/hc https://uttyler.bonfirehub.com/

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

Each Proposal must include information that clearly indicates that Proposer meets each of the following minimum qualification requirements:

5.2.1 Proposer can perform all objectives outlined in Section 5.4, Scope of Work.

5.2.2 Proposer has experience with a similar Scope of Work and can thoroughly describe its approach to fulfilling the Scope of Work and University’s needs.

5.2.3 Proposer can comply with the requirements described in the Sample Agreement (Appendix Two) of this

RFP.

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 accordance with §361.965(d), Health and Safety Code, Proposer must demonstrate whether it has a program to recycle the computer equipment of other manufacturers, including collection events and manufacturer initiatives to accept computer equipment labeled with another manufacturer's brand.]

5.3.5 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.

http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.361.htm#361.965

5.4 Scope of Work

The University of Texas at Tyler is seeking proposals for a computerized ticketing platform to be used in the administration of programs at the R. Don Cowan Fine and Performing Arts Center as well as other campus event spaces. University is seeking a cloud-based ticketing solution that integrates all current ticketing technologies and distribution channels. Tickets for events will be available for purchase through various on-campus facilities, as well as via telephone and internet. Proposer will provide efficient and quality customer service, knowledge, experience, software, hardware, and personnel. Proposer will assign dedicated staff member(s) to perform these services, oversee all services related to the computerized ticketing platform, and facilitate communication and problem resolution, and be available to meet regularly with University. Strategic priorities include increasing patron engagement, box office efficiencies, and integration with University systems.

The platform must be PCI compliant. Currently, The University of Texas at Tyler uses Authorize.net and Global Payments as payment gateways and TouchNet for commerce integration. System integrations allowing the use of University payment processors are preferred.

Proposer responding to this RFP agrees;

5.4.1 Proposer shall provide and utilize technological advances typical for the industry.

5.4.2 Proposer shall provide proper support staff with the knowledge, technology, and professionalism to accomplish these services.

5.4.3 Proposer shall provide, at a minimum, the following additional services to its fully integrated individual, group, and season ticketing platform: venue access control (barcoding and integrated event management tools) and customer relationship management utilities (email marketing, audience analytics and segmentation).

5.5 Hardware and Software

5.5.1 Proposer shall provide a plan for updates to and continuous improvement of its hardware and software platform during the Term.

5.5.2 The Proposer shall obtain, deliver, install, and maintain all necessary hardware and software for venue box offices, and all satellite locations. All installations of hardware and software must conform to University’s standards, and University reserves the right to review and approve any modifications.

5.5.3 Proposer must provide written plans for backup, recovery, and security procedures to ensure data integrity.

5.5.4 Proposer shall provide a comprehensive training/refresh schedule for all authorized University personnel. Proposer shall include a training schedule proposal. Which should include at a minimum, the number of days of training, maximum hours per day, and identify training support materials

5.5.5 Proposer shall provide a repair and replacement plan for hardware as required for efficient completion of the Work, but with the useful life of all hardware not to exceed four (4) years. Proposer shall be, at its sole cost, responsible for all hardware upgrades and maintenance on hardware and software. Proposer shall provide a comprehensive hardware replacement program to maximize the ticketing platform’s usage.

5.5.6 Before installation and implementation, Proposer shall test the software and each item of operational hardware to demonstrate it operates properly, and controls and safety devices are functioning.

5.5.7 Proposer and University will mutually agree on additional software and hardware needs to include installation, maintenance, repair, and operating costs beyond what is included in the original and as an amendment to the agreement.

5.5.8 Proposer to indicate the number of days required to correct any software, network, or peripheral items.

5.6 Technical Support

5.6.1 Proposer shall provide contact information for the representative that will be responsible for the service and repair of the platform software and hardware.

5.6.2 Proposer shall provide a detailed plan of how it will meet the anticipated service needs of University.

Proposer shall indicate how it will respond to emergencies, such as a breakdown or malfunction in the operation of the hardware or software, and state the guaranteed response time for emergency calls.

5.6.3 Proposer shall provide manuals, schedule, and preventative maintenance plans for all installed hardware.

5.6.4 Proposer shall provide index and reference hardware numbers..

5.7 Telephone and Internet Sales

5.7.1 Proposer has the right to act as University’s agent by telephone or internet for all tickets made available to the public for any University-sponsored or produced event. Both distribution channels shall be accessible 24/7 365 days a year.

5.7.2 Proposer shall provide services in both English and Spanish, whether through an automated system or live operators.

5.7.3 Internet website must be (“ADA compliant”), (“PCI compliant”), and maintained by Proposer.

5.7.4 Proposer shall indicate toll-free and/or a local phone number and internet address.

5.8 Additional Ticketing Distribution Site (Outlet) Sales

5.8.1 Proposer has the right to act as University’s agent at Additional Ticketing Distribution Sites (Outlets) and by telephone or internet for all tickets made available to the public for any University-sponsored or produced event.

5.8.2 Proposer shall provide University a list of all (“Third-Party Ticket Agencies”) with which Proposer has a current working relationship.

5.8.3 Proposer shall ensure adequate ticketing channels are in place to serve the greater Tyler area.

Proposer shall indicate ticketing channels.

5.9 Methods of Payment (“MOP”)

5.9.1 Proposer will provide MOPs applicable to the platform it proposed under this RFP in Section 6.2.

5.9.2 Proposer will provide a fee schedule for credit card company charges.

5.9.3 Proposer will provide the information in Section 5.16.2 for both University-hosted and Proposer-hosted options.

5.10 Storage of Event Information

5.10.1 Proposer shall indicate event information retention schedule for University-sponsored or produced events proposed under this RFP in Section 6.2.2.

5.11 Refund and Cancellation Policy

5.11.1 University will decide, in it sole discretion, whether a University-sponsored or produced event is cancelled or postponed. Information regarding the cancellation or postponement of an event will be established and written notification will be given to Proposer.

5.11.2 Proposer shall indicate their refund/cancellation policy and procedures and include procedures for dissemination of cancellation/postponement information for University-sponsored or produced events to their distribution channels.

5.12 Marketing

5.12.1 Proposer has the ability to provide digital marketing solutions and report based on return on investment.

5.12.2 Proposer offers multi-channel marketing strategies

5.12.3 Proposer can upsell during the transaction and cart abandonment marketing options

5.12.4 Proposer can enact behavior-based retargeting 5.29 Customer Relationship Management System

5.12.5 Proposer has a current up-to-date customer relationship management system or can integrate with a third-party system

SECTION 6 - PRICING AND DELIVERY SCHEDULE

Proposal of: ___________________________________ (Proposer Name)

To: University of Texas at Tyler

RFP No.: 750-25/26-003

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 three (3) years with the initial term of the Agreement proposed to begin on April 1, 2026, and proposed to expire on March 31, 2029. University may elect to renew the Agreement for up to three (3) additional one (1) year terms.

6.2 Pricing for Work and Expenses

6.2.1 Proposers are asked to submit their proposed schedules of fees, convenience charges and handling charges that will provide the most benefit to University.

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

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, http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2251.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2251.htm http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm#51.012 https://www.irs.gov/uac/about-form-w9 http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.151.htm#151.309 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F22%2F2025&recordId=207487 https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=04%2F22%2F2025&recordId=207487

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.

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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-http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2107.htm#2107.008 http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#2252.903 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2271.htm http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2252.htm#F https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2274.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2276.htm https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB968 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.