ESBD_371060_1722978938712_Final RFP.pdf

Procurement Services

Request For Proposal (RFP)

RFP Number

Texas A&M University-Commerce Request For Proposals (RFP)

RFP Number

Issued Date

Response Date

3:00 PM

RFP:

DATE:

EXECUTION OF OFFER

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

A.1 Respondent Affirmation

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

This execution of offer must be completed, signed, and returned with the respondent's qualifications. Failure to complete, sign and return this execution of offer with the qualifications may result in rejection of the qualifications.

Signing a false statement may void the submitted qualifications or any agreements or other contractual arrangements, which may result from the submission of respondent’s qualifications. A false certification shall be deemed a material breach of contract and, at owner's option, may result in termination of any resulting contract or purchase order.

Addenda Acknowledgment

Receipt is hereby acknowledged of the following addenda to this RFP by entering yes or no in space provided and indicating date acquired. Enter “0" if none received.

No. 1 ______ Date

No. 2 ______ Date

A.2 Signature

By signing below, the Respondent hereby certifies as follows, and acknowledges that such certifications will be included in any resulting contract:

(i) the Response and all statements and information prepared and submitted in response to this RFP are current, complete, true and correct;

(ii) it is not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount trip, favor or service to a public servant in connection with the submitted response or any subsequent proposal. Failure to sign below, or signing a false statement, may void the response or any resulting contracts at TAMUS’ option, and the RESPONDENT may be removed from all future proposal lists at this state agency;

(iii) the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the RESPONDENT and to bind the Respondent under any contract which may result from the submission of the Response;

(iv) no relationship, whether as a relative, business associate, by capital funding agreement or by any other such kinship exists between RESPONDENT and an employee of TAMUS;

(v) Respondent has not been an employee of TAMUS within the immediate twelve (12) months prior to the RFP response;

(vi) no compensation has been received for participation in the preparation of this RFQ (ref. Section 2155.004 Texas

Government Code);

(vii) all services to be provided in response to this RFP will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health law (Public Law 91-596) and its regulations in effect as of the date of this solicitation;

(viii) Respondent complies with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action;

(ix) to the best of its knowledge, no member of the Board of Regents of The Texas A&M University System, or the Executive Officers of the Texas A&M University System or its member institutions or agencies, has a financial interest, directly or indirectly, in the Project;

(x) each individual or business entity proposed by RESPONDENT as a member of its team that will engage in the practice of engineering or architecture will be selected based on demonstrated competence and qualifications only;

(xi) if the RESPONDENT is subject to the Texas franchise tax, it is not currently delinquent in the payment of any franchise tax due under Chapter 171, Texas Tax Code, or is exempt from the payment of such taxes. A false certification may result in the Respondent’s disqualification;

(xii) under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate; and,

(xiii) under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

RESPONDENT should give Payee Identification Number (PIN) (Formally Vendor ID), full firm name and address of Vendor (enter in block provided if not shown). Failure to manually sign submittal will disqualify it. The person signing the submittal should show title or authority to bind his/her firm in contract. The Payee Identification Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution of Offer.

Payee Identification Number (PIN): _________________________________________________

Sole Owner should also enter Social Security Number: __________________________________

Vendor/Company: ______________________________________________________________

Signature (INK): ______________________________________________________________

Name: _______________________________________________________________________

Title: ________________________________________________________________________

Street: _______________________________________________________________________

City/State/Zip: _________________________________________________________________

Telephone No.: ________________________________________________________________

Fax No.: _____________________________________________________________________

E-mail: ______________________________________________________________________

* By signing this RFQ, RESPONDENT certifies that if a Texas address is shown as the address of the respondent, respondent qualifies as a Texas Resident Bidder as defined in Texas Government Code, § 2252.001(4).

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S SUBMISSION. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION.

NON-COLLUSION AFFIDAVIT

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

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

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.

CONFLICT OF INTEREST

The undersigned RESPONDENT and each person signing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of TAMUS, nor any employee, or person, whose salary is payable in whole or in part by TAMUS, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature ____________________________________________

Company Name ____________________________________________

Date _______________________

Subscribed and sworn to before me this

__________ day of ________________, 20 .

Notary Public in and for the County of _____________________________, State of

___________________. My commission expires: __________________________

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S SUBMISSION. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION.

FELONY CONVICTION NOTIFICATION

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Supplier’s Name: ________________________________________________________

Authorized company official’s name (printed): _________________________________

Date: _______________________________

Please choose one, per the below listed criteria:

1. My firm is not owned or operated by anyone who has been convicted of a felony:

Company Representative-Printed Name Signature

2. My firm is owned or operated by an individual(s) who has/have been convicted of a felony:

Name of felon(s)

Reason for conviction: __________________________________________________

Information submitted by: Print Name Signature

3. This company is a publicly held Corporation; therefore, we are exempt from this requirement.

Company Representative-Printed Name Signature

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET

WILL RESULT IN THE REJECTION OF YOUR SUBMISSION

[PROPOSAL NAME]

PROPOSAL FORM

Proposal of ____________________________________________________ (hereinafter called “respondent”) organized and existing under laws of the State of ______________ doing business as ( ) a Corporation, ( ) a Partnership, ( ) an Individual to Texas A&M University-Commerce (hereinafter called “Owner”).

In compliance with University’s Advertisement for Proposals, Respondent hereby agrees to provide the services contained herein, in strict accordance with Contract Documents.

By submission of this Proposal, each Respondent certifies that this Proposal has been arrived at independently, without consultation, communication or agreement as to any matter relating to this proposal with any other Respondent or with any competitor.

Respondent agrees to provide all the services describe in the Contract Documents.

Vendor Proposal: Attach detailed proposal, examples, including any plan drawings and/or artist renderings hereto.

Company Name (Signature)

Address of Company Name (Typewritten)

City, State and Zip Title

Telephone Date

Fax

Email Address

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS

SHEET WILL RESULT IN THE REJECTION OF YOUR SUBMISSION

TEXAS A&M UNIVERSITY-COMMERCE

PROCUREMENT SERVICES & HUB PROGRAM

REQUEST FOR PROPOSAL

RFP NUMBER

B250001 Partnership for Rural Mental Telehealth Services

PROPOSAL MUST BE RECEIVED BEFORE:

3:00 PM Central Time, August 20, 2024

PROPOSALS SHOULD BE UPLOADED TO:

https://dms.tamuc.edu/Forms/Bid

OTHER SUBMITTAL OPTIONS INCLUDE:

MAIL, HAND DELIVER, AND/OR

EXPRESS MAIL SUBMITTAL TO:

Texas A&M University-Commerce

Procurement Services McDowell Administration Bldg., Rm. 180

2600 S. Neal Street Commerce, Texas 75428

Show RFP Number, Opening Date and Time on Return Envelope

Proposal must be received in the Texas A&M University-Commerce Procurement Services office before the hour and date specified for receipt of proposal. If it is not received in the department by due date and time, the proposal will be considered late and will be returned to the respondent.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

REFER ALL INQUIRIES TO:

Jessica Gossett Texas A&M University-Commerce

Assistant Director of Purchasing Phone 903-886-5220 Fax: 903-886-5039

Email: Jessica.Gossett@tamuc.edu https://dms.tamuc.edu/Forms/Bid

Table Of Contents

SECTION 1 GENERAL

1.1 Scope 4

1.2 History 4

1.3 Contract Term 5

1.4 TAMU-C’s HUB Policy and Subcontracting Requirements 6

1.5 Pre-Proposal Conference 6

SECTION 2 PROPOSAL RESPONSE

2.1 Goal 7

2.2 Scope 8

2.3 Specifications 8

SECTION 3 SELECTION PROCESS

3.1 Selection Process 9

SECTION 4 GENERAL INFORMATION

4.1 Submittal Deadline and Location 10

4.2 Notice of Holidays – Offices Closed 10

4.3 Submittal Instructions 10

4.4 Special Requirements for Respondents 10

4.5 Proposal Content and Components 11

4.6 Texas A&M University-Commerce Contact 12

4.7 Inquiries and Interpretations 12

4.8 Terms and Conditions & Contract 13

SECTION 5 GENERAL TERMS AND CONDITIONS

5.1 General 14

5.2 Alternate Proposal 13

5.3 Definitions 13

5.4 Time of Performance 13

5.5 Default 14

5.6 Termination 14

5.7 Warranties 14

5.8 Agreement Amendments 15

5.9 Independent Vendor Status 15

5.10 Right to Audit 15

5.11 Title, Risk of Loss and Freight 15

5.12 Acceptance of Goods and Services 16

5.13 Ownership of Deliverables 16

5.14 Sales and Use Tax 16

5.15 Invoicing 16

5.16 Payment 16

5.17 Reporting 17

5.18 Observance of University Rules and Regulations 17

5.19 Recall Notice 17

5.20 Non-Disclosure 17

5.21 Publicity 17

5.22 Severability 17

5.23 Non-Waiver of Defaults 18

5.24 License and Permits 18

5.25 Non-Discrimination 18

5.26 Compliance with Law 18

5.27 Federal Laws and Regulations 18

5.28 Alcohol and Drug-Free Workplace 19

5.29 Force Majeure 19

5.30 Governing Law 19

5.31 Venue 19

SECTION 6 CONTRACTUAL REQUIREMENTS

6.1 Insurance 20

6.2 HUB SubContracting Plan (HSP) 20

6.3 Public Information 20

6.4 Indemnification 21

6.5 Performance/Payment Bonds 21

6.6 Other Benefits 21

6.7 Dispute Resolution 21

6.8 Contract Administration 22

SECTION 7 KEY EVENTS SCHEDULE

7.1 Schedule 23

Attachments:

Execution of Offer Non-Collusion Affidavit Felony Conviction Notification Proposal Form Insurance Requirements Specification Package (if applicable) HUB Subcontracting Plan ( if applicable)

SECTION 1

GENERAL

1.1 Scope

Texas A&M University- Commerce (herein referred to as university) is seeking proposals from qualified vendors to provide mental health teletherapy solutions to serve various rural Hunt County, Texas areas. Our goal is to enhance access to mental health services for individuals living in remote and underserved areas. This RFP outlines the requirements and criteria for selection.

1.2 History

Texas A&M University-Commerce was founded in 1889 as East Texas Normal, and at various times has been known as East Texas State Normal College; East Texas State Teachers College; East Texas State College; East Texas State University and became a component of the Texas A&M University System in 1996. The University is located in Commerce, Texas, approximately sixty-five (65) miles northeast of the Dallas/Fort Worth Metroplex.

Texas A&M University-Commerce is a multi-purpose, regional state university, serving the people of Texas, as well as out-of-state and international students. As a center of learning, Texas A&M University-Commerce accepts its responsibilities for teaching, scholarly research and creative activities, and public service.

Texas A&M University-Commerce encourages an active intellectual environment by supporting scholarly research and creative activities that advance human achievement and stimulate the intellectual growth of both faculty and students.

Texas A&M University-Commerce provides educational programs necessary for professional success of personal growth, and responsible citizenship. Through both formal and informal activities, students have the opportunity to acquire knowledge; learn reasoning and communication skills; examine their goals, values and potentialities; and, develop an enduring commitment to learning.

Texas A&M University-Commerce serves its region by providing information, facilities, research and resources to address the needs of its constituency and by sharing its public educational programs, cultural activities, and the expertise of its personnel.

1.3 Contract Term

The original contract period for an agreement resulting from this RFP will be from the date of award for three (3) years.

1.4 Texas A&M University-Commerce HUB Policy and HUB Subcontracting Requirements

It is the policy of Texas A&M University-Commerce to encourage the use of Historically Underutilized Businesses (HUBs) in our prime contracts, subcontractors, and purchasing transactions.

The goal of the HUB program is to promote equal access and equal opportunity in Texas A&M University-Commerce contracting and purchasing.

1.4.1 HUB Subcontracting Plan (Required if Subcontractors will be used during Services)

Subcontracting opportunities is not anticipated for this RFP; therefore a HUB Subcontracting Plan (HSP) is not required. In the event that the RESPONDENT determines a subcontractor(s) will be used, the RESPONDENT WILL BE required to make a good faith effort and complete the State of Texas HUB Subcontracting Plan found at:

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/

FAILURE TO SUBMIT A COMPREHENSIVE, ACCEPTABLE HUB

SUBCONTRACTING PLAN (only if subcontractors will be used by the RESPONDENT for these services) WILL BE CONSIDERED A MATERIAL

FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE RFP AND WILL

RESULT IN REJECTION OF THE RESPONSE.

Please contact Texas A&M University-Commerce’s Chief Procurement Officer, Mr. Travis Ball, at Travis.Ball@tamuc.edu for assistance with completion of requirements as stated.

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ mailto:Travis.Ball@tamuc.edu

SECTION 2

STATEMENT OF WORK

2.1 Goal

TAMUC is seeking a vendor that can provide accessible and effective mental telehealth services to individuals in rural communities while maintining high standards of care through reliable and user-friendly platforms. The University will work as partners with the awarded party to encourage community involvement and awarness of mental health services.

2.2 Scope:

TAMUC is seeking an established health care provider and/or project manager to coordinate the delivery of a 24/7/365 real-time digital solution that provides access to members of the rual communities of Hunt County, TX. This solution must include access for individuals that are both insured and uninsured. TAMUC prefers a partnership with a contractor to deliver “turnkey” telehealth services for several physical sites within the Hunt County area and at the discretion of the potential partner. This will include all necessary equipment, facilities/locations, and labor to deliver a fully functional Rural Mental Teleheath program.

However, TAMUC is open to alternate proposals to establish these services in Hunt County.

Respondents should clearly outline how they intend on standing up and sustaining a mental telehealth service model in their proposal.

2.3 Specifications:

The selected vendor will be responsible for providing a teletherapy platform/solution that includes, but is not limited to:

• User-Friendly Interface: Accessible on multiple devices (e.g., desktops, tablets, smartphones) with easy navigation. Must be ADA compliant.

• Secure Communication: HIPAA-compliant video conferencing and messaging capabilities.

• Appointment Scheduling: Online scheduling system for therapists and clients.

• Clinical Tools: Integrated tools for assessment, documentation, and treatment planning.

• Language Support: Multilingual support to cater to diverse populations.

• Technical Support: Ongoing technical support and training for users.

• Physical Hardware: if applicable via turnkey option (e.g., computers, webcams, microphones, furniture, etc.).

• Internet Service Provider (ISP) Management: Establish relationship w/ existing ISP provider or evaluate options for rural connectivity.

2.3 Vendor Requirements

Vendors must demonstrate the following:

• Experience: Proven track record in delivering teletherapy solutions.

• Compliance: Adherence to relevant regulations and standards (e.g., HIPAA).

• Scalability: Ability to scale services based on demand.

• Customization: Options for platform customization to meet specific needs.

• Training: Comprehensive training programs for therapists and support staff.

• Reporting: engagement and utilization reports

2.4 Proposal Submission Requirements

Proposals should include the following sections:

1. Executive Summary: Overview of the proposed solution.

2. Company Background: History, mission, and relevant experience.

3. Solution Description: Detailed description of the teletherapy platform/solution.

4. Implementation Plan: Timeline and milestones for deployment.

5. Training and Support: Description of training programs and support services.

6. Cost Proposal: Line-item budget of costs, including licensing, implementation, and ongoing support.

Eligible expenses

• All equipment for the project must be new and non-depreciated

• Purchases of extended warranties, site licenses, and maintenance contracts

• Acquiring or developing instructional programming that is a capital asset (including the purchase or lease of instructional programming already on the market)

• Providing technical assistance and instruction for using eligible equipment (limited to 10% of total project)

• Purchasing and installing broadband facilities. The facilities must be applicant owned and used for providing distance learning or telemedicine services limited to 20% of the project amount

7. References: At least two references from clients with similar projects.

8. Compliance Statement: Confirmation of compliance with relevant regulations and standards. i.e.: HIPPA rules and regulations See Exhibit A for Federal T&C’s.

9. System Plan Narrative: Describe the overall network and use of the proposed equipment in the network. Create a line-item budget of product(s) and description.

10. System Plan Map/ Diagram: Create a map or drawing of the service area encompassing the project. All participating sites must be represented on map

11. Real Estate Leases: It is preferred that the partner will be responsible for identifying and handling all real estate leases for all external sites within the project.

SECTION 3

SELECTION PROCESS

3.1 Selection Process

University will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

The RESPONDENT selected will be the one who’s experience and qualifications, as presented in response to this RFP, establish them, in the opinion of University, as well qualified and offering the greatest benefits, experience and value to University. University may cancel this RFP or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.

Should University determine in its sole discretion that only one RESPONDENT is fully qualified, or that one vendor is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that RESPONDENT. The award document will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the RESPONDENT’s proposal as negotiated.

Submission of proposals indicates RESPONDENT's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by University during the evaluation process.

The selection of the successful proposal may be made by University on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal may be made by University on the basis of negotiation with any of the RESPONDENTS. University shall not disclose any information derived from the proposals submitted by competing RESPONDENTS in conducting such discussions.

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

University reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

University reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive vendor.

Respondent may be requested to provide an on-site presentation. Respondent will be notified in writing for the detailed invite. The date has not been set for presentations, but we will communicate that if your company is selected to present.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by Texas A&M University-Commerce Procurement Services Department no later than 3:00 P.M. CENTRAL TIME, AUGUST 20, 2024 in a sealed envelope or box marked “RFP B250001” or through the online portal.

Proposals are to be submitted online at https://dms.tamuc.edu/Forms/Bid

Alternatively, we will accept proposals:

MAIL, HAND DELIVER, AND /OR

EXPRESS MAIL SUBMITTAL TO:

Texas A&M University-Commerce Procurement Services Department

McDowell Administration Bldg., Rm. 180 2600 S. Neal St.

Commerce, Texas 75428

Late proposals will not be considered under any circumstances. Late proposals properly identified will be returned to the Respondent unopened.

Telephone and/or facsimile (Fax) proposals are not acceptable under any circumstances.

4.2 Notice of Texas A&M University-Commerce Holidays – Offices Closed

Texas A&M University-Commerce offices will be closed for the agency’s holidays as indicated below:

N/A

Telephone calls and emails will not be answered, and mail and deliveries will not be received during these holiday periods. Respondents are advised to consider these dates when scheduling telephone calls, emails, and mailing or delivery of proposal responses.

4.3 Submittal Instructions

Proposal responses including Execution of Offer must be signed by the Respondent’s company official authorized to commit such proposals.

Submit the entire file online through the website listed above OR submit one (1) original printed copy and one (1) External Storage Device, or “Jump Drive”, with a single file of the complete proposal. Failure to do so may be grounds for rejection of your response.

Proposal response package (envelope/box/carton) must indicate on the lower left-hand corner the Respondent’s company name and address, and the RFP number and opening date.

NOTE: All electronic copies or “Jump Drive” copies must either be in Microsoft Office Software or Adobe Portable Document Format (PDF).

4.4 Special Requirement for Respondents

[Not applicable or already specified in other parts of this RFP.] https://dms.tamuc.edu/Forms/Bid

4.5 Proposal Content and Components

4.5.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements and specifications set forth in this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the requirements and specifications set forth in this RFP.

4.5.2 Respondents are requested to submit a proposal that represents their best offer, as Texas A&M University-Commerce does not anticipate utilization of the “Best and Final Offer” process.

4.5.3 Proposal text is to be typed single-spaced on one side of each page. All pages are to be on 8 ½ X 11-inch paper with all pages numbered sequentially and correspond with the table of contents.

4.5.4 The following information is to be returned as part of your proposal response.

Proposals submitted without this information will be evaluated accordingly:

• Signed Execution of Offer

• Completed Proposal Form

• Felony Conviction Notification

• Non Collusion Affidavit

• Demonstrated Experience and Qualifications

• Company Information

• References

• Pricing in accordance with the specifications

• Copies of all addenda that may be issued for the RFP signed by same authorized

Respondent representative who signs the Execution of Offer, or acknowledgment on the Bid Form.

4.5.5 The proposal response should also include the following information. Proposals submitted without this information will be evaluated accordingly:

• A table of contents by section to the appropriate pages

• An executive overview that provides a concise overview of the services being offered to meet the requirements of this RFP, the Respondent’s general approach to providing the services and deliverables, and documentation as to why the Respondent is the best qualified.

• A proposal narrative that is concise yet offers a complete explanation of the project. Be specific in justifying the proposal in terms of the goals and objectives described in the

RFP.

• A statement of qualifications which includes:

a) Introduction – Content shall be at the discretion of the Respondent.

b) Company background – Must provide relevant experience (years in business) with projects of this size and scope.

c) Qualifications – Information provided for professional and support staff, and/or any

Subcontractors must demonstrate experience and qualifications in their particular work assignment for the project. Information provided for similar projects must be substantiated with current references. Describe services you organization has provided in the past three (3) years that demonstrates your organization’s capability to carry out the proposed services.

d) Project management – Describe project organization and management methods that are most appropriate to perform the services and provide deliverables as required in this RFP. The description shall include procedures, cost and time schedules, and any other management considerations appropriate to this RFP. Contract and project managers and key personnel shall be identified. Any subcontractors shall be identified and the intended scope of their work detailed. Office locations for key personnel and any subcontractors shall be identified. The management methods shall address cost or price monitoring and control. The Respondent’s management and project tracking capabilities shall be described.

e) In its response to this RFP, RESPONDENT must submit a Financial Proposal that clearly identifies all costs, fees and/or charges to Texas A&M University-Commerce over the term of the agreement. No particular form of Financial Proposal is required, but it must be clear and plainly identify all costs, fees and/or charges.

• Proposer shall provide a list of at least 3 references where they have provided management and operational services of this type and scope. References shall include, name of school, address, point of contact, and phone number. A negative reference may be cause for disqualification of proposal. On site visit of reference may be requested.

4.6 Texas A&M University-Commerce Contact

Any questions or concerns regarding this Request for Proposal shall be directed in writing to:

Jessica Gossett Texas A&M University-Commerce Procurement Services PO Box 3011 Commerce, TX 75429 Email: Jessica.Gossett@tamuc.edu Phone: 903-886-5220 Fax: 903-886-5039

Texas A&M University-Commerce specifically requests that Respondents restrict all contact and questions regarding this RFP to the above-named individual.

4.7 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum. Only inquiries which are replied to by formal written addenda shall be binding.

Oral and other interpretations or clarifications will be without legal effect.

NOTICE: THE DEADLINE FOR WRITTEN QUESTIONS IS 12:00 P.M. CENTRAL TIME,

August 12, 2024.

Notice: It is the responsibility of Respondents who download this RFP from the Electronic State Business Daily (http://esbd.cpa.state.tx.us) to check the website for any addenda for this RFP. All such addenda issued by Texas A&M University-Commerce prior to the time that proposals are received shall be considered part of the RFP. The Respondent shall consider and acknowledge receipt of such addenda by including signed copies of such addenda in their response.

The addendum for listing all questions and answers is scheduled to be available posted on the above referenced website on August 14, 2024 by 3:00 pm.

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

4.8 Terms and Conditions and Contract

All terms and conditions and other requirements contained in this RFP shall govern any Agreement issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to University shall result in the disqualification of the proposal. By submitting a response to this RFP, you affirm your company’s intention to enter into an agreement under the terms and conditions listed in the contract example. No other form of contract will be utilized as a result of this RFP.

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

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

5.1.2 The University reserves the right to accept or reject any and all proposals, to waive informalities and technicalities, and to accept the proposal considered the "best value" and most advantageous and award to the most responsive proposal. Additionally, all Respondents are hereby notified that Texas A&M University-Commerce shall consider all factors it believes to be relevant in the selection of the most responsive proposal including but not limited to both subjective and objective criteria and the ability of the Respondent to perform the requirements of this RFP.

5.1.3 This RFP is a solicitation for proposals and is not a Contract or an offer to Contract. The University is not obligated to award a Contract and reserves the right, at the University’s exclusive option to: (1) enter into Agreements or other Contractual arrangements for all or any portion or portions of the requirements and specifications set forth in this RFP with one or more Respondents; (2) reject any and all proposals and re-solicit proposals; (3) reduce/revise the scope of work and choose portions of the work that are within the University’s budgetary limits or (4) reject any and all proposals and temporarily or permanently abandon the procurement, if deemed to the best interests of University.

Additionally, the University reserves the right to make award/s and enter into Agreement/s that stipulate options to purchase all or only specific parts of the items and/or services included in the awarded proposal/s on an “as needed” basis or an “as funded” basis.

By responding to this RFP, the Respondent fully understands and agrees that award/s and resulting Agreement/s for the purchase of any or all portions of the items and/or services included in this RFP is contingent upon availability of sufficient funding.

5.1.4 Proposals are to be valid for a minimum of ninety, (90) days from the submittal deadline date to allow time for evaluation, selection and any unforeseen delays.

5.1.5 The Respondent agrees to protect the State of Texas and the University from claims involving infringement of patents or copyrights.

5.1.6 The Respondent hereby assigns to purchaser, any and all claims for overcharges associated with any Contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

5.1.7 No substitutions or cancellations permitted without written approval of the University.

5.1.8 Upon award, delivery shall be effective as stated unless the Seller obtains approval from University for late delivery. Delivery shall be made during normal working hours only unless University approves otherwise. Delivery may be a factor in award.

5.1.9 Proposals and any other information submitted by the Respondent in response to this RFP shall become the property of the University.

5.1.10 Respondents electing to reply to this RFP are responsible for all cost incurred by the Respondent for proposal preparation, submittal, presentations (oral or otherwise) that may be made, or any other cost. The University is not liable for any cost incurred by Respondents.

5.1.11 Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by University at its option.

5.1.12 Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after if has been submitted or filed in response to this RFP. However, upon written request by the Respondent, a proposal may be withdrawn or 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 shall be based on the Respondent’s written documentation evidencing a reason acceptable to University in its sole discretion.

5.1.13 Products and services awarded as a result of this RFP may be extended to other Institutions of Higher Education as defined by Section 61.003 Education Code, Government Code Section

2155.134. Other individual institutions may or my not elect to use this agreement.

5.2 Alternate Proposal

University reserves the right to consider alternate proposals submitted by Respondents. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

5.3 Definitions

Whenever the following terms are used in any part of this RFP the intent and meaning shall be interpreted as follows:

RFP shall mean Request For Proposal.

UNIVERSITY shall mean Texas A&M University-Commerce.

TPASS shall mean Texas Procurement and Support Services Division (formerly the TBPC).

HUB shall mean Historcially Underutilized Business as certified by the State of Texas HSP shall mean HUB SubContracting Plan Respondent shall mean the individual, partnership, corporation, or other entity that submits a response to this RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded a Contract or Agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein Agreement / Contract shall mean the formal Contractual Agreement entered into between Texas A&M University-Commerce and the Seller as a result of this RFP by means of purchase order and/or separate written contract.

5.4 Time of Performance

Time is of the essence in the rendering of services hereunder. Seller agrees to perform all obligations and render services set forth per this RFP in accordance with the schedules herein and as mutually agreed upon between University and Seller during the term of any Agreement resulting from this RFP. Seller will not be responsible for, or subject to default because of, any schedule changes or delays of deliverables that may be caused by the action(s) or non-action(s) of University.

5.5 Default

In the event that the Seller fails to carry out or comply with any of the terms and conditions of the Agreement with the University, University may notify the Seller of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Seller fails to remedy such failure or default within the ten (10) day period, University shall have the right to cancel the Agreement upon ten (10) days written notice.

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

5.6 Termination

5.6.1 For Convenience:

The Agreement may be terminated, without penalty, by Texas A&M University-Commerce without cause by giving ninety (90) days written notice of such termination to the Seller.

5.6.2 Upon award, the Agreement is subject to termination, without penalty, either in whole or in part, if funds are not appropriated.

5.6.3 The insurance policy shall provide for termination by the carrier only upon presentation of a written notice to University thirty (30) days prior to termination date.

5.6.4 In no event shall such termination by University as provided under this Section give rise to any liability on the part of University including, but not limited to, claims of Seller for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing.

University’s sole obligation hereunder is to pay Seller for goods and services received and approved by University to the date of termination.

5.7 Warranties

In addition to all warranties established by law, Seller hereby warrants and agrees that:

5.7.1 All goods and services covered by the Agreement shall conform to the specifications, drawings, samples or other descriptions set forth in the Agreement or otherwise furnished or adopted by University, and shall be merchantable fit for the purpose intended, of best quality and workmanship, and free from all defects. University shall have the right of inspection and approval, and may, at Seller's expense, reject and return nonconforming goods or require re-performance of services that are not in compliance with the requirements of the Agreement.

Defects shall not be deemed waived by University. Failure to notify Seller upon receipt of goods or completion of services, or by payment of invoice.

5.7.2 All goods and services provided under the Agreement shall meet or exceed the Safety Standards established and promulgated under the Federal Occupational Safety and Health Administration (Public Law 91-596) and its regulations in effect or proposed as of the date of the Agreement.

5.7.3 All goods and services delivered pursuant to the Agreement shall conform to standards established for such goods or services in accordance with any applicable federal, state or local laws and regulations, unless otherwise indicated in the Agreement.

5.7.4 TECHNOLOGY ACCESS CLAUSE - The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to Texas A&M University-Commerce that the technology provided to Texas A&M University-Commerce for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

1. providing equivalent access for effective use by both visual and non-visual means;

2. presenting information, including prompts used for interactive communications, in formats intended for non-visual use and;

3. being integrated into networks for obtaining, receiving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology or by means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance."

Electronic and Information Resources (EIR) accessibility requirements and technical standards from Texas Administrative Code, Title 1, Chapter 206 and Chapter 213 have been determined to apply to this Request for Proposal. RESPONDENTS must describe how the EIR product deliverables included as part of the service requirements meet at least those technical provisions identified as applicable in the attached Voluntary Product/Service Accessibility Templates (VPATs).

For EACH applicable EIR product, RESPONDENTS should provide the following accessibility information by way of Voluntary Product Accessibility Templates (VPATs) (See EXHIBIT C) or other equivalent reporting templates. RESPONDENTS must describe how the EIR product deliverables included as part of the service requirements meet the following requirements.

1. The appropriate Technical Accessibility Standards based on EIR Category (see table below)

2. Functional Performance Criteria described in 1 TAC §213.35 (i.e., Section 508 equivalent - 36 CFR Part 1194 Subpart C)

3. Information, Documentation, and Support described in 1 TAC §213.36 (i.e., Section 508 equivalent - 36 CFR Part 1194 Subpart D)

EIR Category Technical Accessibiliy Stndards Section 508 Equvalent Software Applications and Operating Systems

1 TAC §213.30 36 CFR §1194.21

Websites 1 TAC §206.70 Web Content Accessibility Guidelines (WCAG) 2.0, Level AA

36 CFR §1194.22

Telecommunications Products 1 TAC §213.31 36 CFR §1194.23 Video and Multimedia Products 1 TAC §213.32 36 CFR §1194.24 Self-Contained, Closed Products 1 TAC §213.33 36 CFR §1194.25 Desktop and Portable Computers 1 TAC §213.34 36 CFR §1194.26 http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=213&rl=30 http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=206&rl=70 http://www.w3.org/TR/WCAG20/ http://www.w3.org/TR/WCAG20/ http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=213&rl=31 http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=213&rl=32 http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=213&rl=33 http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=10&ch=213&rl=34

Only proposals which contain adequate information to document their responsiveness to the EIR accessibility requirements (VPATs and supporting documentation including test documentation) will be eligible for consideration.

5.8 Access To Agency Data

Pursuant to Section 2054.138, Texas Government Code, Vendor shall implement and maintain appropriate administrative, technical, and physical security measures, including without limitation, [the security controls attached hereto as Exhibit ____, as may be amended from time to time] [the security controls available at _________, as may be amended from time to time] (the “Security Controls”), to safeguard and preserve the confidentiality, integrity, and availability of [MEMBER’s] data.

[CONTRACTING PARTY] shall periodically provide TAMUC with evidence of its compliance with the Security Controls within thirty (30) days of TAMUC’s request.

5.9 Cloud Computing Services

As of the Effective Date, Vendor represents and warrants that it complies with the then-current requirements of the risk and authorization management program established by the Texas Department of Information Resources (“RAMP”). Pursuant to Section 2054.0593, Texas Government Code, Vendor shall maintain RAMP compliance and certification, as may be amended from time to time, throughout the Term, including any renewal term of this Agreement. Vendor shall provide TAMUC with evidence of its RAMP compliance and certification within thirty (30) days of TAMUC’s request and at least thirty (30) days prior to the start of any renewal term of this Agreement.

5.10 Agreement Amendments

Any Agreement resulting from this RFP may be modified or amended as negotiated and /or mutually agreed upon by University and Seller. No modification or amendment to any Agreement resulting from this RFP shall become valid unless agreed in writing and signed by both the University and the Seller.

All correspondence regarding modifications or…