Tarrant County College District Purchasing Department

REQUEST FOR QUALIFICATION (RFQ) INVITATION

External Financial Auditing Services

RFQ# 26-002

RFQ Introduction

Tarrant County College District outlines the following schedule:

RFQ Release Date: Friday, March 6, 2026 Deadline for Questions Tuesday, March 13, 2026 at 2:00 PM CT Bid Submission Deadline: Tuesday, March 24, 2026 at 2:00 PM CT

Tarrant County College District (TCCD) has implemented a new e-Procurement platform called Bonfire/Euna. It is preferred that All RFQ submissions be uploaded electronically to https://tccd.bonfirehub.com/portal/?tab=openOpportunities

Hard copy proposals are not preferred but will be accepted. If responding to this solicitation without utilizing the eBidding system, all required documentation must be sealed and delivered to the Tarrant County College Purchasing Office located at 300 Trinity Campus Circle, Fort Worth, TX 76102 Building Trinity River Clear Fork, Police Desk no later than the deadline stated above. Late responses will not be considered. All proposals and accompanying documentation will become the property of TCCD and may not be returned. Late proposals will not be accepted, nor will additional time be granted to any individual Vendor.

For a quick tutorial on how to upload a submittal, visit: Creating and Uploading a Submission to Bonfire

Preamble:

The Tarrant County College District is a public institution of higher education that provides academic, occupational, general, and continuing education opportunities, as well as lifelong learning for all people in its District and contiguous service area. The College is committed to provide a high-quality learning experience for its students at a reasonable cost and to serve as a good steward of public funds.

This request for qualification implies no obligation on the part of the Tarrant County College District. The College will select the most highly qualified firm based on demonstrated competence and qualifications and will negotiate a fair and reasonable fee with that firm.

Tarrant County College District Attn: Marla Givens, Purchasing Manager 300 Trinity Campus Circle Fort Worth, Texas 76102-6599 https://tccd.bonfirehub.com/portal/?tab=openOpportunities https://customer.eunasolutions.com/public/s/article/creating-and-uploading-a-submission

RFQ #26-002

Introduction

1. Purpose

The purpose of this Request for Qualifications (RFQ) is to identify a qualified independent certified public accounting firm to provide external audit services for Tarrant County College District (TCCD or “the College”), including the annual audit of the College’s financial statements and issuance of the Annual Comprehensive Financial Report (ACFR), as well as required federal and state compliance audits.

Services must be performed in accordance with applicable professional standards, Government Auditing Standards, Uniform Guidance requirements, and State of Texas reporting requirements.

The College seeks a firm with demonstrated experience auditing public higher education institutions and governmental entities, and with the capacity to provide timely, technically sound, and well-coordinated audit services. TCCD values an engagement approach that emphasizes proactive communication, schedule discipline, secure handling of confidential information, and practical guidance on the implementation of new GASB and FASB standards. Responses should reflect an understanding of the regulatory and operational environment of a multi-campus community college district, including compliance with federal and state requirements, internal control frameworks, and the evolving financial reporting landscape impacting public institutions of higher education.

2. Background of Tarrant County College District

Tarrant County College District (“TCCD,” “the College,” or “College”) is a two-year college district comprised of five physical and one online campus plus five learning, training, and administrative centers.

All are located in the Fort Worth metropolitan area.

The College’s mission is to serve as the guiding star for accessible, high-quality educational experiences that drive lasting impact. TCCD provides quality teaching and learning through a clearly defined set of programs, services, and partnerships that include:

• University transfer programs

• Workforce education programs

• Technical programs

• Customized training

• Developmental courses

• Adult literacy courses

• Lifestyle and community learning, including continuing education

With a vision to be the leader for academic excellence, student success, and economic impact, the

Tarrant County College District is committed to priorities outlined in Trailblazing Together: 2030, TCCD’s multiyear strategic plan. This plan guides the path forward with attention to student completion, dual credit, workforce development, high-demand careers, and four-year school transfers. TCCD employees approach their work through strategies for five goals:

• Enhance access and support for student success

• Elevate educational quality for optimal student outcomes

• Promote excellence in community engagement

• Ensure responsible stewardship of resources

• Transform lives and communities through education

Core values underscore everything TCCD does and guide decision-making to inform the College’s vision:

Commitment to Excellence, Connection for Belonging, Opportunity in Engagement, Transformation with Innovation, and Trust through Integrity.

Submission Instructions

Schedule of Key Events Issuance of RFQ March 6, 2026

Deadline for Written Questions March 13, 2026 at 2:00 PM CT

Answers to Questions Posted March 17, 2026 at 5:00 PM CT

Proposal Submission Deadline March 24, 2026 at 2:00 PM CT

Note: This schedule of events is for planning purposes only and may be changed at the sole discretion of

TCC.

Submission Deadline TCC will accept proposals submitted in response to this RFQ until 2:00 pm, Central time, on March 24, 2026 (the “Submittal Deadline”).

Submission Requirements The College requests that the RFQ Proposal be uploaded into Bonfire in the specified formats as follows:

• RFQ Proposal: PDF

Pre-Bid Questions Proposers are welcome to submit questions concerning the proposal and submission requirements no later than 2:00 PM on March 13, 2026. Questions must be submitted in writing and uploaded to the Bonfire system using the following link: https://tccd.bonfirehub.com/projects/224640/opportunityQAndA

The College will be bound only to the College’s written answers to questions. It is TCC’s intent to respond to all appropriate questions and concerns; however, TCC reserves the right to decline to respond to any question or concern.

Answers to questions will be posted via addendum to this RFQ in the Bonfire system with all registered vendors receiving notification once the Addendum is posted.

TCC Contact and Questions Any questions shall be submitted in writing using the Bonfire platform no later than the written questions deadline listed above. Questions submitted after the deadline will not be answered. Proposers should rely only on written statements issued through the Bonfire platform.

The College specifically instructs all interested parties to restrict all contact and questions regarding this RFQ to written communications submitted through the Bonfire platform.

Proposal Validity Period Each proposal must state that it will remain valid for TCC’s acceptance for a minimum of 180 days after the Submittal Deadline, to allow time for evaluation, selection, and any unforeseen delays. Should circumstances arise that require an extension to this period, TCC reserves the right to provide extensions at its discretion.

Group Purchase Authority Texas law authorizes institutions of higher education to use the group purchasing procurement method (ref. Sections 51.9335, 73.115, and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter a contract with the successful Proposer(s) under this Section.

Should another institution exercise this option the resulting contract and obligations shall be between that institution and the vendor with TCC incurring no obligation as a result thereof.

Evaluation Criteria

An Evaluation Committee will review all qualification statements according to the criteria stated herein.

The committee’s evaluations will be based on all available information, including qualification https://tccd.bonfirehub.com/projects/224640/opportunityQAndA statements, subsequent interviews/presentations, reports, discussions, reference checks, and other appropriate review.

The highest rated respondent(s) evaluated by the Committee may be invited to make an oral presentation to the Committee and/or the TCCD Board of Trustees.

The criteria to be considered by TCC in evaluating proposals and selecting awardee(s) and their weighting, will be the following factors.

Project Understanding, Approach, and Management 30%

Quality and Experience of Personnel 25%

Qualification and Experience of Firm 30%

Business Questionnaire 15%

Total 100%

Fee negotiations will not occur until the most highly qualified firm is selected using the above criteria.

TCCD will first select the most highly qualified provider from the finalists on the basis of demonstrated competence and qualifications and then may attempt to negotiate a contract with that provider at a fair and reasonable price.

If a satisfactory contract cannot be negotiated with the most highly qualified provider, TCCD will formally end negotiations with that provider, select the next most highly qualified provider and attempt to negotiate a contract with that provider at a fair and reasonable price. TCCD will continue this process until a contract is executed.

Term

Any resulting award may be used to establish an agreement with an initial term of up to two (2) years, with the option to extend for up to three (3) additional one (1) year periods, subject to mutual agreement and successful contract negotiations. The College reserves the right to extend services on a month-to-month basis, at the then-current rates, for up to three (3) months as needed to ensure continuity of services.

All proposers must be prepared to show the following proof of their ability to perform under this contract.

Failure to meet any of the requirements and qualifications will be sufficient cause for rejection of any or all proposals.

Scope of Services

This section covers the requirements to provide annual financial audit services for Tarrant County College District (TCCD or College). The College also reserves the right to negotiate a separate contract with the selected firm to provide audit services for the District’s Foundation.

1. General

1.1. TCCD consists of a central administration with centralized accounting, data processing, purchasing, and other technical support services for six campus locations. Budgets for fiscal year 2025-2026 are as follows:

1.1.1. TCCD operating budget, excluding grants and other restricted funds, is $665,643,637.

1.2. TCCD’s fiscal year ends on August 31. A draft version of the audit shall be available for review by the Chief Financial Officer, Chancellor, and Finance & Audit Committee by the third week of November. The audit report shall be completed by December 1 and filed with Texas Higher Education Coordinating Board (THECB) by January 1.

1.3. Audits of major Federal and State programs shall be performed in accordance with Government Auditing Standards issued by the Comptroller General of the United States; Federal awards as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards, and State awards as required by the State of Texas Single Audit Circular for the College’s fiscal year ending August 31 with the audit report due by December 1.

1.4. Additionally, the College is required to monitor programmatic and financial activities of its sub-recipients, ensuring proper stewardship of grant funds under grant awarding agencies.

2. Requirements

Services shall include, but are not limited to, the tasks outlined below:

2.1. Audit firm shall express an opinion on fair presentation of the College’s financial statements in conformity with generally accepted accounting principles.

2.2. The schedule of federal and state single audits and related auditor’s reports, as required, as well as reports on internal control structure and compliance are to be issued as part of the Annual Comprehensive Financial Report (ACFR).

2.3. Audit firm shall submit a comprehensive list of requested client-prepared schedules to the College’s Director of Finance no later than July 1 of each fiscal year. August 1 is acceptable for the first year of engagement.

2.4. Audit firm is not required to opine nor audit the statistical section of the report.

2.5. Audit firm shall assist with written responses as required by the THECB, State Auditors Office, granting agencies, and Government Finance Officers Associations (GFOA) Certificate of Achievement for Excellence in Financial Reporting resulting from the prior year’s ACFR review.

2.6. Interim field work shall be scheduled for the last two (2) weeks of each July based on 6/30/20xx interim financial statements. Fall field work shall be scheduled for the last week of September through November based on 8/31/20xx financial statements. Weekly progress meetings shall be scheduled during the interim summer/fall field work.

2.7. Respondent must have conducted auditing services for at least five (5) years, is properly licensed Certified Public Accountant in good standing and does not have any disciplinary actions with the Texas Board of Public Accountancy or the American Institute of Certified Public Accountants and shall meet the independence requirements promulgated by the U.S. Government Accountability Office and the American Institute of Certified Public Accountants.

3. Tarrant County College Responsibilities

3.1. TCCD will send its ACFR to the Government Finance Officers Association of the United States and Canada for review in its Certificate of Achievement for Excellence in Financial Reporting program.

It is anticipated that the College will prepare the document for audit firm to review.

3.2. The College will prepare the draft of the ACFR.

3.3. The College will provide, to the audit firm, sub-recipient information for sub-recipient monitoring review.

3.4. The College assumes full responsibility for collating and binding the ACFR

3.5. The college’s accounting staff will assist in the audit related work. Work-paper preparation will be done to a large extent by TCCD accounting staff at the direction of the independent auditors.

Qualifications Statement Format Requirements

Qualification statements shall be submitted as part of the RFQ Proposal in the TCCD eBidding system by the date and time specified in this solicitation. Provide responses for each of the categories below.

Responses shall be a single PDF document. Sections must be in order and clearly labeled as outlined below. The College reserves the right to award to one or multiple firms.

Failure to provide the required information with the response may deem the respondent non-responsive and disqualify the response from consideration for award. Responses shall be organized in the order presented below and clearly labeled by section and subsection number.

1. Project Understanding, Approach, and Management

1.1. Provide information on your firm’s audit approach, tools and techniques. Include firm’s ability and experience to assist the College with preparation of the Annual Comprehensive Financial Report (ACFR) and potentially a Certification of Achievement for Excellence in Financial Reporting in accordance with Governmental Accounting Standards Board (GASB) rules, Texas Higher Education Coordinating Board (THECB) reporting requirements and other applicable guidelines.

1.2. Include the management and technical approaches to provide the services required in this RFQ.

Include a description of all services offered by the respondent. Include details pertaining to your firm’s approach, implementation, and capabilities as are relevant to this request.

1.3. Proposal shall contain understanding of the scope of service required, a description of basic approach, including an indication of the proposed time schedule for both interim and year-end.

Indicate if it would be different in future years.

1.4. Identify your approach to the audit of automated systems. Would software packages used by your firm be available for College use?

2. Qualifications and Experience of Personnel

2.1. Provide brief resumes for key staff members outlining direct qualifications and experience. Provide certifications, if any. Enhancements such as graphics, charts, or other visuals are acceptable, but not mandatory unless otherwise stated.

2.2. What is the size of the office that would perform the audit, i.e. partners, staff, clients served?

Identify the partners, managers, and supervisors who would be responsible for the audit. What has been the audit staff turnover experience in the office indicated above? What assurance can be given that staff assigned will have had experience at comparable institutions or at least fund accounting competence? What is your firm’s policy of staff and management rotation? Indicate how you will provide assurance of staff continuity.

2.3. How are continuing education requirements met for your staff and partners? Give specifics on how they relate to higher education, single audit, internal controls, etc. Identify how members of the engagement team satisfied the continuing professional education hours required by Government Auditing Standards, list courses and hours earned in details completed in the past three years.

3. Qualifications and Experience of Firm

3.1. Provide a description of the firm including firm’s history, size, and professional staff composition as well as information regarding how long the respondent has provided the services requested in this solicitation. If the respondent is a corporation, limited partnership, limited liability company, or other formally organized entity, indicate the state in which the entity is chartered and the respondent’s principal place of business

3.2. Describe any disciplinary action imposed on the local office by the American Institute of Certified Public Accountants (AICPA), state board, state society, Security and Exchange Commission (SEC), or any other regulatory agency during the past five years.

3.3. Describe your organization related to other competitors who may be submitting responses. How do you differ? What are your strengths? How do you perceive that your service philosophy differs from other organizations?

3.4. Describe the results of your firm’s and local office’s most recent peer review and its status under the AICPA peer review program. Provide your response using the response format on paragraph 1.1.

3.5. Provide financial rating of your company and any documentation (such as Dunn and Bradstreet Analysis), which indicates financial stability of your company.

3.6. There has been considerable discussion generated in the past years on accounting principles for higher education by the Financial Accounting Standards Board (FASB), the GASB, and NACUBO’s Accounting Principles Committee. Include positions taken by your firm on these issues, and your approach to working with clients on the implementation of new GASB standards.

3.7. Describe your firm’s experience with the financial reporting requirements of the Texas Higher Education Coordinating Board. What are your firm’s capabilities and commitment to provide management services in the field of higher education? Identify any that are unique to this field.

Identify your particular expertise that would be beneficial in developing sound management/internal controls for the College.

3.8. Describe previous experience with TCCD, if any. Did your company perform satisfactorily to the terms and conditions of the last award given to your company? Were there any discrepancies, issues or complaints reported concerning your organization’s performance?

3.9. Describe previous experience with other public entities and/or colleges. Include how many public entities and/or college accounts are in your current client base. Did your company perform satisfactorily to the terms and conditions of the last award given to your company? Were there any discrepancies, issues or complaints reported concerning your organization’s performance?

3.10. Describe any nonprofit experience of the office identified in (Qualifications and Experience of Personnel section) above, particularly with higher education institutions. Describe the firm’s knowledge and experience in federal financial aid and review for corporations or profit companies contained in Government Auditing Standards issued by the Comptroller General of the United

States, Federal awards as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and State awards as required by the State of Texas Single Audit Circular.

3.11. Provide information, if any, on resources your firm will make available to the College in such areas as internal control, systems data processing, budget management, cash management, risk management, grants management, facilities management, personnel management, communications, and state and federal compliances, etc.

3.12. Address customer service strategies for delivering a high level of customer service and handling customer complaints. Describe how your organization handles complaints, comments, or suggestions received.

3.13. The respondent shall provide at least five references on recent projects for which the respondent's company is currently providing or has provided the same type and level of service required in this RFQ within the past three years. The name, address, telephone number, and valid email address of a reference person who may be contacted for further information must be provided. It is highly preferable that these references are other colleges or public sector accounts comparable in size or larger. All references will be contacted by email. Evaluations will be based on responses received from references. It is advisable to notify your references ahead of time that a reference will be requested by email.

4. Business Questionnaires

4.1. Does any relationship exist whether by relative, business associate, capital funding agreement or any other type of relationship between your company and any TCCD employee or member of the TCCD Board of Trustees?

4.2. Indicate ways in which the College’s resources might be used to contain audit costs.

4.3. To what extent will the fieldwork be conducted in person?

4.4. What is your firm’s philosophy toward the use of a secure client portal for sharing documents.

4.5. Describe your firm’s philosophy to staying on schedule during field work including client meeting frequency.

4.6. Comment on the impact of the College of the transition to a new firm, indicating the approach to be taken, time involved, etc.

4.7. What commitments will your firm make with respect to accessibility of the partners and managers assigned to our engagement to the College’s senior officers and key financial employees?

4.8. Why would the college be important to your firm as a client?

4.9. The College may require management advisory services and auditing services beyond the scope of the ACFR. Describe your firm’s expertise both locally and nationally in each of the following:

• Bank Depository contracts

• Electronic data processing auditing

• System implementation assistance

• Cost of services studies

• Special purpose audits

• Executive search

• Cost accounting systems

• Other services

4.10. Attach a representative listing of client-prepared schedules that may be requested.

4.11. What is your philosophy regarding the management letter content and use?

4.12. Value Added Services:

• List any valued added services your company provides such as training and maintenance.

• Do you offer any quantity discounts and discounts for prompt payment?

INFORMATION / REQUIREMENTS / PROCESS

1. Note that “bid,” “submission,” and “proposal” for purposes of this RFQ, have the same basic meaning.

Further, references to “vendor,” “supplier,” “firm,” “contractor,” and / or “bidder” have the same meaning in singular or plural.

2. The proposal must meet all requirements as delineated herein. Failure to follow details may result in disqualification.

3. Conditional clauses in the submitted proposal are not accepted.

4. Specifications and scopes of work that may refer to brand names and manufacturers are not intended to restrict competition but are meant to indicate the quality of goods or services sought. Suppliers may bid an equivalent(s) provided the deviation(s) is clearly identified in the bid response. The final determination of equivalency lies solely with TCCD. It is not the intent of any instruction, term/condition, and scope of work or specification to prohibit a supplier from submitting a proposal.

5. The supplier must provide complete descriptive literature of the products or services proposed.

6. Upon release of this RFQ, all Vendor communication must be done using the Bonfire Platform.

Unauthorized contact with TCCD staff regarding the RFQ may result in disqualification. Any oral communication will be considered unofficial and non-binding to TCCD.

7. Questions shall be submitted in writing using the Bonfire platform no later than the written questions deadline. Questions submitted after the deadline may not be answered. Proposers should rely only on written statements issued through Bonfire platform.

8. All disputes, claims, or lawsuits, if any, that may result from this RFQ shall be addressed in Tarrant County, TX, without exception.

9. The supplier shall be in compliance with all relevant requirements of the Americans with Disabilities Act (ADA) as it applies to performance under this RFQ. By submission of a bid, the supplier acknowledges it intends to comply with the ADA. If the supplier does not comply with the ADA, TCCD reserves the right to suspend or cancel any such work under this RFQ and shall only be financially responsible for products delivered or services rendered up to any such suspension or cancelation.

10. The supplier represents and warrants that all products and/or services furnished under this RFQ shall comply with applicable federal, state and local laws, rules, regulations and ordinances. The supplier shall, at supplier's expense, give all required notices and secure all required permits necessary for performance hereunder.

11. TCCD is not required to award to the lowest bidder or to even select a supplier.

12. TCCD’s Executive Director of Procurement or a designated purchasing representative will open all RFQ submissions.

• Selection of a supplier(s) may or may not be made depending upon the results received and the overall requirements and needs of TCCD; the selection timeframe will vary depending upon the RFQ and its complexity.

• TCCD reserves the right to select a supplier from a purchasing program recognized by the State of Texas (Interlocal Agreements) as already satisfying the competitive bidding requirements

(e.g. TXMAS, DIR, BuyBoard). If Proposer is has a Cooperative contract, provide a reference to those contract numbers.

• TCCD may or may not opt to pursue a subsequent formal sealed RFQ (two-step process).

• Final tabulations or information regarding the RFQ will not be shared until TCCD has made a formal selection and only then by written request.

• In the event of a price or total cost calculation errors, the unit price as submitted will be considered for computation and calculation totals.

13. Acceptance of a proposal/bid for consideration implies no obligation on the part of TCCD nor does the silence of TCCD imply approval or rejection of a bid.

14. TCCD reserves the right to reject any bids submitted and waive any formalities and conditions. TCCD is not obligated to advise those suppliers who are not selected for an RFQ.

15. TCCD reserves the right to award to a single supplier, multiple suppliers, or no supplier at all.

16. A proposal/bid award, if any, will be through the issuance of a TCCD purchase order (PO) or blanket purchase order (BPO) and shall be governed by the general terms and conditions of purchase outlined on the TCCD PO/BPO document unless such terms and conditions are superseded by the content of this RFQ or contract. If terms conflict, the terms of the RFQ will take precedence.

17. The final authority to approve or disapprove delivered products and/or services lies with TCCD.

18. In the event products and/or services are delivered that do not meet specifications or do not perform as specified in this proposal, the supplier will replace the items, at no additional cost to TCCD, on or before the promised date of delivery.

19. The supplier shall be responsible for all claims against the manufacturer for manufacturing defects.

20. The supplier shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of TCCD.

21. Any correspondence regarding a TCCD PO, specifically an invoice, must include the PO number to ensure correct and timely processing. Invoices must reference TCCD’s PO number.

22. TCCD will not be responsible for products delivered or services rendered in advance of a supplier’s receipt of a TCCD PO.

23. TCCD may require bank account information should an electronic payment system be employed to facilitate the method of payment.

24. In the event of breach or default, TCCD reserves the right to enforce performance in any manner prescribed by law or deemed to be in the best interest of TCCD.

25. In the event the supplier fails to deliver the products and/or services as and when promised in the bid, TCCD reserves the right to proceed in any one or combination of the following ways:

• Cancel all or any part of the PO/BPO

• Return all or any part of the products and/or services delivered to date and charge the supplier for any loss or cost incurred as a result of the failure to deliver as promised.

• Purchase all or any part of the products and/or services at the current market price and charge the supplier the difference between the total of the market price, freight, and the supplier's bid price

26. The supplier must notify TCCD immediately once it is known that products and/or services will not be delivered/rendered as promised.

27. The supplier must make every effort to protect property, personnel, students, and visitors in the delivery of products and/or services on any TCCD campus. Any personal injury or damage to property, on a TCCD campus, caused by the supplier's delivery of products and/or services must be reported to the applicable campus police department immediately. The supplier will be held responsible for all damages for injury and loss resulting from the supplier's delivery of products and/or services.

28. If TCCD, in the exercise of its best judgment, determines the supplier's process for the delivery of products and/or services is unsafe or hazardous to life or property, TCCD will suspend the process until the supplier takes corrective action. If this does not occur, or cannot occur, TCCD reserves the right to perform as indicated in section 31 herein.

29. Hazardous material(s) delivered to a TCCD campus for TCCD or supplier use must be preceded or accompanied by a current manufacturer's Material Safety Data Sheet (MSDS). TCCD reserves the right to refuse delivery of products and/or services for which an MSDS is not available.

30. No allowance will be made for a supplier’ waste, loss, breakage, damage, or difficulties.

31. Trash or refuse generated as a result of the operations or activities of the supplier delivering products and/or services will be properly disposed of by the supplier, at the supplier’s expense.

32. The supplier shall be responsible for all claims against a carrier for freight and/or damage.

33. TCCD reserves the right to terminate the contract for any reason with a thirty (30) day written notice to the vendor. Payments will be made for invoices covering products or services through the termination date. No settlement costs are due whether for termination for convenience or termination for cause.

34. TCCD considers all information, documentation, and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature, and therefore, shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) (“the Act”) after a contract, if any, is awarded. If the proposer considers any information submitted in response to this request for the proposal to be confidential under law or constitute trade secrets or other protected information, the proposer must identify such materials in the proposal response. Notwithstanding the foregoing, the identification of such materials would not be construed or require TCCD to act in contravention of its obligation to comply with the Act and the proposer releases TCCD from any liability or responsibility for maintaining the confidentiality of such documents.

35. Validity Period: Proposals are to be valid for TCCD’s acceptance for a minimum of 180 days for the submittal deadline date to allow for evaluation, selection, and any unforeseen delays. Proposals, if accepted shall remain valid for the life of the Agreement.

36. Term and conditions: The TCCD Standard Terms and Conditions shall govern any purchase order/contract issued as a result of this solicitation (RFQ), you can review: The TCCD Standard Terms and Conditions are also part of the Bonfire platform for your agreement.

37. Force Majeure - Neither Firm nor the District shall be responsible or deemed to be in fault of its obligations to the other to the extent any failure to perform or delay in performing its obligations under this RFQ is caused by events or conditions beyond the reasonable control of that party and are not due to the negligence or willful misconduct of such party. For purposes of this RFQ, Force Majeure events shall include, but not be limited to, acts of God or public enemy, war, riot or civil commotion, conditions due to governmental law, regulations, ordinances, an order of a court of competent jurisdiction, executive decree or order. However, in the event of such delay(s) or nonperformance, the party so delayed shall furnish prompt written notice to the other party (including the date of inception of the Force Majeure event and the extent to which it will affect performance) and shall undertake all efforts reasonably possible to cure the delay or nonperformance and mitigate its effects or to otherwise perform. The District shall not be responsible for payment for any product or service delayed or foreclosed by any Force Majeure event unless and until such delayed or foreclosed product or service is provided. The provisions of the section shall not preclude the District from canceling or terminating any resulting award (or any order for any goods or services included herein) or from revising the scope of work, as otherwise permitted under this RFQ.

38. Inter-local/Cooperative Purchase

The proposer agrees that any agreement inclusive of pricing resulting from this solicitation is extended to other public entities (e.g., a state agency, local government, State of Texas educational institutions) authorized by State law to participate under cooperative procurement contracts or Interlocal Agreements with the following understandings:

• Unless specifically stated otherwise, any volume of products or services stated in this RFQ document reflects only products or services to be purchased by TCCD and does not include potential purchases by other entities;

• The awarded bidder shall establish a direct relationship with each entity concerning the placement of orders, issuance of the purchase order, contractual disputes, invoicing, payment, and all other matters relating or referring to such entity’s access to the agreement;

• TCCD shall not be held liable for any costs; damages, or other obligations incurred by any participating entity;

• It is the entity’s decision whether to enter into an agreement with the awarded bidder/proposer; and

• Any purchases made by an entity shall be in accordance with each entity’s Procurement policy and procedures.

• As permitted under Inter-local Cooperation Act C Texas Government Code, Chapter 791, other governmental entities may wish to also participate under the same terms and conditions contained in this contract. If this solicitation does not specifically list additional entities, each entity wishing to participate must have prior authorization from Tarrant County College and the vendor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the entity requiring the goods or services. Tarrant County College shall not be held responsible for any orders placed, deliveries made, or payment for goods or services ordered by the entities. The proposer is to state their willingness to allow other governmental entities to participate in this contract if awarded.

44. Eligibility for Award

For a proposer to be eligible to be awarded a contract, the proposal must be responsive to the solicitation and TCCD must be able to determine that the proposer is responsible and has the resources and capacity to perform the resulting contract satisfactorily.

A. Responsive.

Responsive proposals are those that comply with all material aspects of the solicitation, conform to the solicitation documents, and meet the requirements outlined in this solicitation.

Proposals, which do not comply with all the terms and conditions of this solicitation, will be rejected as non-responsive

B. Responsible.

Responsible proposers, at a minimum, must meet the following requirements:

• Have adequate financial resources, or the ability to obtain such resources as required during the performance of any resulting contract;

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have a satisfactory record of past performance;

• Have necessary personnel and management capability to perform any resulting contract;

• Be qualified as an established firm regularly engaged in the type of business necessary to fulfill the contract requirements;

• Certify that the firm is not delinquent in any tax owed to the State of Texas under Chapter

171, Tax Code; and is not delinquent in taxes to the TCCD; signing and submitting the proposal is so certifying to such non-delinquency; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

C. Proposers may be requested to submit additional written evidence verifying that the firm meets the minimum requirements described. Failure to provide any requested additional information may result in the proposer being declared non-responsive and the proposal being rejected.

D. A person is not eligible to be considered for award of this solicitation, or any resulting contract, or to be a subcontractor of the proposer or prime contractor if the person assisted in the development of this solicitation or any part of this solicitation which such participation would give the person special knowledge that would give that person an unfair advantage over other proposers.