ESBD_373506_1723842457288_RFP 2024-1123 TTUS Administered ORP and TDA.pdf

Request for Proposal

Request for Proposal ("RFP") Number:

RFP Name:

RESPONSES MUST BE RECEIVED BEFORE:

4:00 PM Central, 9/9/2024 s must be submitted in TechBid at the following address:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

2024-1123

TTUS Administered Optional Retirement Plan and Tax

Deferred Accounts

RFP for TTUS Administered Optional Retirement Plan and Tax Deferred Account

Rev. August 8, 2024 Page 2 of 20

TABLE OF CONTENTS

SECTION 1: SCOPE OF WORK

1.1 Objectives

1.2 Background of System

1.3 Plan Demographic & Asset Information

1.4 Alternate Proposals

SECTION 2: PROPOSAL REQUIREMENTS

2.1 Mandatory Requirements/Conditions

2.2 Proposal Submittal Requirements

SECTION 3: EVALUATION PROCEDURES

3.1 Evaluation Process

3.2 Proposer's Acceptance of Evaluation Methodology

3.3 Evaluation Criteria and Weights

3.4 Scoring Methodology

3.5 Consideration of Additional Information

3.6 Oral Presentations and Interviews

3.7 Award Process

3.8 Best and Final Offer

3.9 Protest Procedures

3.10 Contract Documents

3.11 Not Exclusive

SECTION 4: ADMINISTRATIVE REQUIREMENTS

4.1 Primary Contact

4.2 Event Information

4.3 Term of Award

4.4 Historically Underutilized Business ("HUB") Firms

4.5 HUB Subcontracting Plan

4.6 Uniform General Conditions

4.7 Right to Modify, Rescind, or Revoke the RFP

4.8 Signature and Certification of Proposer

4.9 Compliance with Applicable Laws, Regulations, Ordinances, TTUS System Regents' Rules, and TTUS Operating Policies and Procedures

4.10 Compliance with RFP Requirements

4.11 Right of Rejection

4.12 Binding Effect of Proposal

4.13 Use and Disclosure of Information

4.14 Group Purchase Authority

4.15 E-commerce

4.16 Withdrawal or Modification

4.17 Risk of Loss, Damage, or Delay

4.18 Digital Signature

4.19 Insurance Requirements

4.20 Compensation and Fees

4.21 Invoicing and Payment

APPENDIX A: DEFINITIONS

Rev. August 8, 2024 Page 3 of 20

SECTION 1:

SCOPE OF WORK

1.1 Objectives

The Texas Tech University System (“TTUS”) is seeking Proposals from qualified proposers (“Proposers”) to provide lead recordkeeper, investment, administrative, and participant services for TTUS-administered Optional Retirement Plan (“ORP”) and Tax-Deferred Accounts (“TDA”) plans in accordance with the scope of services below. Qualified Proposer(s) are invited to submit a written response outlining qualifications and experience to provide the requested services. This solicitation may be awarded to multiple proposers at the discretion of TTUS.

The intent is to consolidate vendors to a state-mandated four (4), with flexibility for additional vendors as needed.

It is TTUS’ intention to consolidate the ORP and TDA plans into two system wide plans. This includes the Angelo State University (ASU), Midwestern State University (MSU), Texas Tech University (TTU), TTU Health Science Center, and TTU Health Science Center El Paso plans. When submitting pricing, Proposers shall submit pricing as if the consolidation will happen within the next several years.

1.2 Background of System

The TTUS was formed in 1996 and formally established by the State of Texas three years later in 1999. Since its inception, the TTUS has emerged as one of the top public university systems in the nation and is a dynamic force in higher education. Today, TTUS consists of five component institutions and operates at multiple campuses and academic sites across the globe.

• Texas Tech University

• Texas Tech University Health Sciences Center

• Angelo State University

• Texas Tech University Health Sciences Center El Paso

• Midwestern State University

The Board of Regents of TTUS is a Texas Legislature created board of the state of Texas. The Board of Regents of the Texas Tech University System governs TTUS. TTUS is a public university system composed of 3 member universities and 2 health sciences centers: Texas Tech University, Texas Tech University Health Sciences Center, Angelo State University, Midwestern State University, and Texas Tech University Health Sciences Center at El Paso. Although each university and health sciences center are based in a geographical area of the state, each one has a statewide presence.

The government, control, and direction of TTUS is vested in a nine-member Board of Regents appointed by the governor of the state of Texas and confirmed by the Texas Legislature. Each Regent serves a six-year term, and appointments are staggered so that three members of the Board’s terms expire in odd-numbered years. In addition to the nine members, there also is a student regent who is appointed by the governor to serve a one-year term that begins on June 1 of each year.

The Chancellor is the chief executive officer of TTUS appointed by, and responsible to, the Board of Regents.

The Chancellor carries out the policies of the System as determined by the Regents and has direct responsibility for all aspects of the operations of the Texas Tech University System's six primary components:

Texas Tech University, Texas Tech University Health Sciences Center, Angelo State University, Texas Tech University Health Sciences Center El Paso, Midwestern State University and the Texas Tech University System Administration.

TTUS administers several retirement plans. As an employee of an institution of higher education, the employee has the option of contributing to the Teacher Retirement System of Texas (TRS) or participating in the Optional Retirement Program (ORP). The TRS plan is a traditional defined benefit state retirement program in which investment risks are generally absorbed by the state. ORP is an individualized contribution plan in which each http://www.ttu.edu/ http://www.ttuhsc.edu/ http://www.angelo.edu/ http://elpaso.ttuhsc.edu/ https://msutexas.edu/

Rev. August 8, 2024 Page 4 of 20 participant selects from a variety of investments offered by several companies (authorized by TTUS) through annuity contracts or mutual fund investments.

Each university operates under a separate payroll system, with a separate federal employer identification number.

The following chart outlines specific information for each system.

In addition, each faculty and staff member can participate in the voluntary only, TDA/403b Plan where they are employed.

1.3 Plan Demographic & Asset Information

1.3.1 Please use TTUS Retirement Plans for additional details about the plans. Additionally, reference Attachment A for available information on the plans and demographic data.

1.3.2 While this may change in the future, please be aware that for purposes of submitted Proposals, please assume that NO ASSETS WILL BE MAPPABLE TO A NEW VENDOR.

1.3.3 Proposers shall submit pricing for both on an asset-based basis and on a fixed fee per participant basis. All fixed pricing Proposals should be made based on unique participants. For example, if a participant is invested in the ORP and Voluntary TDA plans, this participant would only be counted once for purposes of a fixed fee price.

1.3.4 Proposals shall also be structured on an open architecture basis (assuming no proprietary investments required), and should also include a bid for proposed investment strategy which would reflect most efficient investment structure for participants. Be mindful that this Proposal’s recommendations must pass minimum investment performance standards, including top 50th percentile in performance over one-, three-, five-, and ten-year periods of time.

1.4 Alternate Proposals

TTUS may consider alternate Proposals submitted by Proposer that expand or differ from these specifications.

Proposers submitting alternate Proposals should (i) clearly identify any exceptions taken to the Specifications set forth in this RFP and (ii) include a detailed description of the alternative(s) proposed. The Proposer may suggest additions to the specifications set forth in this RFP, and all such suggestions must be clearly defined. Alternate Proposals should be submitted as attachments to the Proposal. Alternate Proposals shall meet the same mandatory requirements and shall be in the same format as the Proposal’s base format.

https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.depts.ttu.edu%2Fhr%2FEmpBenefits%2FRetiring%2FRetirementPlans.php%3Fgad_source%3D1%26gclid%3DEAIaIQobChMIsOPNm7yXhwMVwTmtBh2AQwPUEAAYASAAEgI5HPD_BwE&data=05%7C02%7CGary.Pallatta%40captrust.com%7C3ebf389bb4844187f24008dc9f4bda5e%7C5ca06f8c18e2418ab266dffb227cfc46%7C0%7C0%7C638560395345696009%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=zUTsf5CmarisFQSYzyNtq8TapY%2BQrOOSpgFcNwaYKY0%3D&reserved=0

Rev. August 8, 2024 Page 5 of 20

SECTION 2

PROPOSAL REQUIREMENTS

2.1 Mandatory Requirements/Conditions

Proposer(s) must meet a minimum set of qualifications to be considered for evaluation. As part of the submitted Proposal, please include a brief written response indicating that the minimum qualifications are met.

2.1.1 Proposer(s) must have provided record-keeping, administrative, and communication/education services for 403(b) plans for a minimum of ten (10) years.

2.1.2 Proposer(s) must have a minimum of ten billion dollars ($10,000,000,000) in total defined contribution plan assets under administration.

2.1.3 Proposer(s) must currently administer a minimum of two hundred and fifty thousand (250,000) retirement plan participants.

2.1.4 Proposer(s) must currently administer at least five (5) active defined contribution plans for university or university systems in the state of Texas and have done so for at least five (5) years.

2.1.5 Proposer(s) must be a direct provider of the requested services (not a third-party broker).

2.1.6 Proposer(s) must be qualified to do business in the State of Texas as determined by the Texas

Department of Insurance, the Texas State Securities Board, and any other applicable state or federal agency.

2.1.7 Proposer(s) must be registered with the Securities and Exchange Commission (“SEC”), National Association of Securities Dealers (“NASD”), or other regulatory entity as required by law.

2.1.8 Proposer(s) must have the ability for independent Registered Investment Advisors (“RIA”) (subjected to the Proposer’s vetting process) to have access to the plan’s investment platform. This would include the ability to fee billing services.

2.1.9 Proposer(s) must submit a completed response to Attachment A and Attachment B.

*TTUS reserves the right and sole discretion to waive any requirements as deemed necessary.

2.2 Proposal Submittal Requirements

2.2.1 By submitting a Proposal, the Proposer certifies an understanding of this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the Goods or Services to be provided, and the conditions under which the Goods or Services are to be performed. The Proposer also understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected for award by TTUS, the Proposer will notify TTUS immediately of any material change in any matters about which the Proposer has made a statement or representation or provided information.

Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete Proposal to all requirements and questions as directed.

2.2.2 Submittal Instructions for TechBid Proposals

TTUS requires that all Proposals be submitted in the TechBid system at (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech).

Proposers must submit Proposals online no later than the date and time indicated in the Schedule of Events.

TTUS recommends that the Proposer submit the Proposal at least twenty-four (24) hours before the deadline for submission to accommodate any technical issues. If the Proposer encounters ANY issues with submitting a Response, the Proposer must contact the Primary Contact before the deadline.

In order to be considered responsive, the following items must be submitted in TechBid:

i. Proposer’s Response Form

ii. HUB Subcontracting Plan

iii. Signed Affirmation and Conflict of Interest

iv. Attachment A – Price Summary

v. Attachment B - Questionnaire

Rev. August 8, 2024 Page 6 of 20

SECTION 3

EVALUATION PROCEDURES

3.1 Evaluation Process

TTUS will utilize a Contract Review Team (“CRT”) for the evaluation of this RFP. The Contract will be awarded based on the Proposal judged to be in the best interest of TTUS, and the judgment in this regard shall be considered final. Any Contract resulting from this Solicitation shall be awarded to the Proposer providing the Best Value to

TTUS.

Under §51.9335 of the Texas Education Code in determining what is the Best Value, TTUS may consider:

3.1.1 The purchase price;

3.1.2 The reputation of the Contractor and of the Contractor’s Goods or Services;

3.1.3 The quality of the Contractor’s Goods or Services;

3.1.4 The extent to which the Goods or Services meet the TTUS’s needs;

3.1.5 The Contractor’s past relationship with TTUS;

3.1.6 The impact on the ability of TTUS to comply with laws and rules relating to Historically Underutilized

Businesses and to the Procurement of Goods or Services from Persons with disabilities;

3.1.7 The total long-term cost to the institution of acquiring the Contractor’s Goods or Services;

3.1.8 Any other relevant factor that a private business entity would consider in selecting a Contractor; and

3.1.9 The use of material in construction or repair to real property that is not proprietary to a single vendor unless

TTUS provides written justification in the request for bids for use of the unique material specified.

3.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a Proposal indicates Proposer’s acceptance of the evaluation method and Proposer’s recognition that subjective judgments must be made by TTUS and the evaluation team during the awarding of evaluation criteria points. Evaluations will be made based upon the submitted Proposal,

3.3 Evaluation Method

A committee of TTUS officials appointed by the Primary Contact will evaluate the Proposals and make a recommendation to the Assistant Vice President and Chief Procurement Officer. The evaluation will be based on the information provided in the Proposal, additional information requested by TTUS for clarification, information obtained from references and independent sources, past performance of the Proposer (if applicable), the best and final offer, and oral presentations (if requested).

The evaluation of responsive Proposals shall then be completed by an evaluation team, which will determine the ranking of Proposals based on the evaluation criteria. Proposals will be evaluated strictly in accordance with the requirements set forth in this Solicitation, including any addenda or interpretations that are issued. TTUS may also negotiate additional Goods and/or Services during the negotiation process if deemed in TTUS’s best interest. TTUS will award the Contract(s) to the responsible and responsive Proposer(s) whose Proposal is determined to be the most advantageous to TTUS, considering the evaluation factors outlined in this RFP.

The evaluation of Proposals will include consideration of responses to the list of criteria in Section 3.4. Proposers must specifically address all criteria in their response. Any deviations or exceptions to the specifications or requirements must be described and justified in a transmittal letter. Failure to list such exceptions or deviations in the transmittal letter may be considered sufficient reason to reject the Proposal.

TTUS will evaluate Proposals as submitted and will not notify Proposers of deficiencies in their responses. The awards will not be notified until a fully executed Contract(s) is complete.

Proposals must contain responses to each of the criteria, listed in the Evaluation Criteria below if the Proposer’s response cannot satisfy those criteria. A Proposal may be rejected if it is conditional or incomplete in the judgment of

TTUS.

Rev. August 8, 2024 Page 7 of 20

3.4 Evaluation Criteria and Weights

Each Proposal shall be evaluated on the ability to meet TTUS’ requirements and provide the Best Value to TTUS.

The Proposal shall be awarded points based on each of the following evaluation criteria.

The evaluation will be based on the following:

Evaluation Criteria Points

Allowed

Criteria 1: Financial Value - Financial costs and/or benefits to the University

• Cost of services

• Cost of ongoing maintenance, service agreements, licenses, or support

• Installation costs and/or implementation fees

• Donated goods and services

• Sponsorships/scholarships/non-monetary contributions contributed by the proposer

• Other financial consideration

40%

Criteria 2: Demonstrated ability of the Proposer to fulfill the TTUS’ requirements in accordance with the specifications

• Proposer’s demonstrated professional experience

• Experience with institutions of higher education or similar-sized organizations

• Administrative support and service

• Ability to comply with Texas laws, to include Texas Higher Education Coordinating Board rules and other laws applicable to higher education

• Reporting capabilities o Compliance with IT requirements, including accessibility, security, integration, and TxRamp requirements.

o Project Schedules/estimated time to perform services or installation time o Quality, availability, and adaptability of Proposer’s supplies, materials, and equipment o Stability and success of the Proposer’s business, including but not limited to:

▪ Qualifications of key personnel (based on resumes and experience provided)

▪ Past performance on similar projects (based on references and publicly available information)

▪ Length of time the business has been operational

▪ Demonstrated capability and financial resources to perform the services or provide the goods in the time projected

▪ Pending or past legal proceedings

35%

Criteria 3: Value Added Options

• Ability to provide innovative ideas/resources for TTUS process improvement

• Minimization of TTUS resource use 15%

Criteria 4: Quality assurance plan and control measures implemented and maintained by the Contractor

• Methodology for performing services and project planning

10%

Rev. August 8, 2024 Page 8 of 20

• Customer Service Program

TOTAL 100%

3.5 Scoring Methodology

Each CRT Voting Member will evaluate the Proposal utilizing the Evaluation Criteria identified in Section 3.3 and will assign each criterion a subjective score of 0 -10, with 10 being the highest. This score is multiplied against the criterion’s weight which will produce a weighted value for the item. The weighted values for all criteria will be summed and then ranked to determine a high to low Proposer ranking. The ranking may be used in determining an initial pool of Proposers that will be invited for presentations or may be used in a final award determination for one or more Proposers.

3.6 Consideration of Additional Information

Consideration may also be given to any additional written information and comments that may serve to clarify the Proposal information to TTUS.

3.7 Oral Presentations and Interviews

Upon completion of the initial review and evaluation of the Proposals submitted, selected Proposers may be invited to participate in oral presentations. Oral presentations and interviews are an option of the Contract Review Team and may or may not be conducted; therefore, Proposals must be complete when submitted.

3.8 Award Process

During the Proposal Opening, Proposals will be acknowledged publicly to identify the names of the Proposers but will be afforded security sufficient to preclude disclosure of the contents of the Proposal, including prices or other information, prior to award. After the Proposal Opening, an Award may be made on the basis of the Proposals initially submitted, without discussion, clarification, or modification, or on the basis of Negotiation with any of the Proposers or, at TTUS’s sole option and discretion, TTUS may discuss or negotiate all elements of the Proposal with selected Proposers representing a competitive range. For Negotiation purposes, a competitive range of acceptable Proposals may be established, comprising the highest-rated Proposals based on the evaluation criteria.

3.9 Best and Final Offer

When deemed appropriate by the Contract Review Team, after the submission of Proposals but before the final selection of the successful Proposal(s), TTUS may permit Proposers to revise their Proposals in order for TTUS to obtain a best and final offer. TTUS is not bound to accept the best and final offer if it does not represent the Best Value to TTUS as determined by the Contract Review Team.

3.10 Protest Procedures

Any actual or prospective Proposer or Contractor who believes they have been aggrieved in connection with the Solicitation, evaluation, or Award of a Contract may formally protest to the Assistant Vice President and Chief Procurement Officer.

https://www.depts.TTUS.edu/procurement/resources/training-and-work-aids/documents/purchasing/Vendor- Protest-Procedures-2022.pdf

3.11 Contract Documents

The Contract entered into by the parties shall consist of the RFP, the Proposal, specifications (if applicable), and a written Contract (if applicable). When an expenditure is required, the Purchase Order terms and conditions will also apply. All of which shall be referred to collectively as the Contract documents.

https://www.depts.ttu.edu/procurement/resources/training-and-work-aids/documents/purchasing/Vendor-Protest-Procedures-2022.pdf https://www.depts.ttu.edu/procurement/resources/training-and-work-aids/documents/purchasing/Vendor-Protest-Procedures-2022.pdf

Rev. August 8, 2024 Page 9 of 20

3.12 Not Exclusive

Proposer acknowledges and agrees that the Contract with TTUS is non-exclusive and TTUS has the right to engage with other proposers for similar or identical scopes of work, and to purchase similar or identical Services from other proposers. Any term or provision in the Proposer’s terms indicating the Contract is exclusive is expressly rejected and is null and void.

Rev. August 8, 2024 Page 10 of 20

SECTION 4

ADMINISTRATIVE REQUIREMENTS

4.1 Primary Contact ("Primary Contact")

Lauren Barta

Solicitations.purchasing@ttu.edu

Texas Tech University

TTU Plaza Suite # 408

Box 41094

Lubbock, TX 79409-1094

4.1.1 All communication relating to this RFP must be submitted in writing by the date indicated in the Schedule of

Events. Questions and Addenda issued related to the RFP, if any, will be posted on the TechBid website.

Only those replies to questions made by formal written Addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. Note: It is the responsibility of the Proposer to review

TechBid for any Addenda posted. For any TechBid system issues, please email solicitations.purchasing@ttu.edu.

Questions must be emailed or submitted in writing to the TTUS Primary Contact.

4.1.2 Except as provided in this RFP (e.g., designated Point of Contact) and as otherwise necessary for the conduct of existing TTUS business operations, Proposers are expressly and absolutely prohibited from engaging in communications with TTUS personnel who are involved in any manner in the drafting of the RFP, in the review or evaluation of the Proposals, in the selection of a Contractor, Negotiation, or formalization of a Contract. If any Proposer engages in conduct or communications that TTUS determines is contrary to the prohibitions outlined in this section, TTUS may, at its sole discretion, disqualify the Proposer and remove the Proposal from consideration.

4.2 Event Information

4.2.1 Schedule of Events

TTUS intends to follow the timeline below for evaluating, negotiating, and issuing a Contract:

Schedule of Events

Event Date Time Notes

Distribution of RFP August 16, 2024

Deadline for Submission of Written Questions

August 23, 2024

4:00 PM

Central

TTUS will collect all questions and respond after the Submission Deadline through an Addendum to the RFP that will be distributed through the TechBid System.

Proposal Due Date September 9, 2024

4:00 PM

Central

Online Proposal Opening September 9, 2024

4:00 PM

Central

Microsoft Teams Join the meeting now

Meeting ID: 265 060 825 156 Passcode: FBsDLB mailto:Solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu https://teams.microsoft.com/l/meetup-join/19%3ameeting_Mzc0OWQ5ODUtNGQzZS00OGNlLTg2M2QtMDkwOTRjNmI3ZGJi%40thread.v2/0?context=%7b%22Tid%22%3a%22178a51bf-8b20-49ff-b655-56245d5c173c%22%2c%22Oid%22%3a%2249e178c9-2f27-4b79-964a-c526b133dd5e%22%7d

Rev. August 8, 2024 Page 11 of 20

Evaluation of Proposals September 2024 –

October 2024

* All dates are tentative and subject to change.

4.2.2 Online Proposal Opening

A public Proposal Opening will be conducted via an online meeting at the date and time shown in Section

Schedule of Events. At this time, the names of the Proposers will be read aloud, and the meeting will be terminated. No pricing or other information will be discussed at this meeting.

For convenience, Proposers may request a list of Proposals received by contacting the TTUS Primary

Contact after the opening. All submitted Proposals become the property of TTUS after the RFP submission deadline and will not be returned.

In the event of change in time, date, access information, or location of the Proposal Opening, notification will be provided by means of an Addendum to the RFP and distributed through the TechBid System.

4.3 References

The Proposer must submit a list of five clients and contact information for whom similar services have been provided. These clients may be contacted by TTUS, and the information received will be used during the evaluation and assessment of the Proposer's performance.

4.4 Licenses

Proposers must submit verification that the Proposer has all licenses (including, but not limited to, software licenses) necessary for the work contemplated under this RFP, as applicable e.g., business licenses, business certifications, professional licenses, third party software licenses, if applicable, etc. Licenses may be verified during the evaluation process.

4.5 Term of Award

The maximum term for an awarded Contract under this RFP is anticipated to begin the date of the last signature, and to expire five (5) years from that date. Unless terminated earlier pursuant to the Contract terms, the Contract would automatically renew for up to one (1) two (2) year renewal terms unless either party provided written notice of its intent not to renew the Contract at least sixty (60) days prior to the end of the initial or then current renewal term.

The parties may negotiate and mutually agree on an alternate term.

In accordance with Regents' Rule 07.12, any resulting Contract will require a termination without-cause provision of one hundred and eighty (180) days or less, or the Contract may not exceed five (5) years total term with renewals.

4.6 Historically Underutilized Business ("HUB") Firms

TTUS endeavors to promote full and equal opportunity for businesses to supply TTUS with Goods or Services necessary to support TTUS's educational mission. In this regard, TTUS commits to selecting Proposers in accordance with (i) TTUS needs, (ii) TTUS resources, (iii) TTUS HUB goals, (iv) guidelines established by the Texas legislature and Texas Procurement and Support Services ("TPASS"), and (v) TTUS Operating Policies and Procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized Businesses. Proposers shall provide TTUS full access to documentation relating to the HUB program and any HUB Subcontracting Plan. Failure to comply with any provision of the State or TTUS's HUB regulations may result in rejection of any Proposal or http://www.depts.ttu.edu/opmanual/OP72.12.pdf

Rev. August 8, 2024 Page 12 of 20 immediate cancellation of any Contract.

TTUS is relying upon Proposer's expertise to fully identify subcontracting opportunities that best align with the TTUS organization and this RFP. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

Additional information regarding the State of Texas HUB Program can be found at https://comptroller.texas.gov/purchasing/vendor/hub/.

The Mentor-Protégé Program provides HUB utilization evaluation points for Proposers who are not qualified as a

HUB. For additional information about the Mentor-Protégé program, please see the link: Mentor-Protege Program or email solicitations.purchasing@TTUS.edu.

4.7 HUB Subcontracting Plan (“HSP”)

TTUS has determined that there are subcontracting opportunities in the performance of the Scope of Work of this

Solicitation, and/or any resulting Contract is anticipated to exceed $100,000.00 over its term, including all renewals and extensions. The Proposer must include a completed HSP, and any supporting documentation required per the

HSP (e.g., proof of Good Faith Effort) with the Proposal submission. Proposers must submit a completed HSP regardless of the Proposer’s HUB Vendor status, the intent to subcontract, or the intent to self-perform.

If a properly submitted HSP contains minor deficiencies (e.g., failure to sign or date the HSP, failure to submit already-existing evidence that three HUBs were contacted), TTUS may contact the Proposer for clarification to the

HSP if it contains sufficient evidence that the Proposer developed and submitted the HSP in good faith. Failure to submit an HSP in accordance with this section will result in disqualification of the Proposal

4.7.1 HSP Resources

i. HSP preparation assistance: solicitations.purchasing@TTUS.edu.

ii. Fillable HSP form:

http://www.depts.TTUS.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf.

iii. State of Texas Centralized Master Bidders List:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

4.8 Right to Modify, Rescind, or Revoke the RFP

TTUS reserves the right to modify, revoke, or cancel this RFP in whole or in part at any time before the date on which TTUS executes a Contract with the selected Proposer(s).

4.9 Rights of Review and Award

TTUS reserves the right to accept or reject any and all Proposal or any part of a Proposal and waive informalities, technical defects, and minor irregularities in the Proposals received. Further, TTUS reserves the right to make a single award, split awards, make multiple awards, or no award whichever is in the best interest of TTUS. This RFP does not commit TTUS to select a Proposer or to award a Contract to any Proposer.

TTUS has the right to reissue this RFP in order to gain additional competitive Proposals. If TTUS reissues this RFP, any Proposer who has submitted a Proposal, may elect to resubmit the original Proposal.

A Proposal consisting of only alternate Goods or Services (i.e., a Proposal that offers Goods or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TTUS and is subject to rejection. TTUS shall reject a Proposal if the financial Proposal was not arrived at independently without https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php mailto:solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

Rev. August 8, 2024 Page 13 of 20 collusion, consultation, communication, or agreement as to any matter relating to such prices with any other potential

Proposer. Proposals which are qualified with conditional clauses, revised clauses, alterations, or items not called for in the RFP, or irregularities of any kind, are subject to disqualification by TTUS, at its option, regardless of the time of detection. TTUS shall consider any of the foregoing prohibited actions to be grounds for Proposal rejection or

Contract termination and may result in debarment of the Contractor from future TTUS Solicitations.

TTUS reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine Best Value.

4.10 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer who is legally authorized to bind the

Proposer to the terms and conditions contained in this RFP and can ensure compliance with the submitted Proposal.

Each Proposer submitting a Proposal certifies to (a) the completeness and accuracy of the information provided in the

Proposal and (b) the authority of the individual whose signature appears on the Affirmation and Conflict of Interest to bind the Proposer. Proposals submitted without the required signature will be disqualified.

4.11 Compliance with Applicable Laws, Regulations, Ordinances, TTUS System Regents’ Rules, and

TTUS Operating Policies and Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, State, and federal laws and regulations, as well as all applicable regulations and the Operating Policies and Procedures of TTUS. TTUS Operating

Policies and Procedures may be accessed at http://www.depts.TTUS.edu/opmanual/ and TTUS System Regents’

Rules may be accessed at http://www.texastech.edu/board-of-regents/regents-rules.php. TTUS System regulations may be accessed at https://www.texastech.edu/offices/cfo/regulations.php.

4.12 Compliance with RFP Requirements

By submitting a Proposal and by signing the Affirmation and Conflict of Interest, the Proposer agrees to be bound by the requirements set forth in this RFP, TTUS’s General Terms and Conditions contained in the RFP, as well as the

TTUS Purchase Order terms and conditions, all of which will be incorporated into any Contract awarded by TTUS. If the Proposer takes exception to any of the terms or cannot agree to be bound by all terms, TTUS, at its sole discretion, may review and, if deemed in TTUS’s best interest, disqualify the Proposal from consideration.

4.13 Binding Effect of Proposal

Unless otherwise agreed in writing signed by the Chief Procurement Officer, or their designee, each Proposer agrees to and shall be bound by the information and documentation provided with the Proposal, including prices quoted for

Goods or Services. Proposals shall be valid for TTUS’s acceptance until the award of the Contract(s) to allow time for evaluation, selection, Negotiations, and any unforeseen delays. Proposals, if accepted, shall be incorporated into the executed Contract and remain valid for the duration of the Contract.

4.14 Use and Disclosure of Information

Proposers acknowledge that TTUS is an agency of the State of Texas and is therefore required to comply with the

Texas Public Information Act Texas Government Code Chapter 552. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL – PROPRIETARY

INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used http://www.depts.ttu.edu/opmanual/ http://www.texastech.edu/board-of-regents/regents-rules.php https://www.texastech.edu/offices/cfo/regulations.php https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

Rev. August 8, 2024 Page 14 of 20 by TTUS only for purposes related to or arising out of the (a) evaluation of Proposals, (b) selection of a Proposer or

Proposers pursuant to the RFP process, and (c) Negotiation and execution of a Contract, if any, with the Proposer(s) selected.

If the Proposer marks the entire Proposal or substantive portions of the Proposal as confidential, TTUS in its sole discretion may declare the Proposal non-responsive and reject it.

By submitting a Proposal, the Proposer grants a limited license to reproduce the Proposal to conduct an evaluation and to comply with any legal requirement including, but not limited to, the Texas Public Information Act and Texas

Legislative Budget Board requirements.

TTUS reserves the right to contact references or contact names listed below and shall be free from any liability to

Proposer for conducting such inquiry.

4.15 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, Education Code). Other institutions of higher education, local, county, and other quasi-governmental entities, independent school districts, and State of Texas agencies may also elect to enter into a contract with the successful Proposer under this RFP based upon any awarded Contract. The Proposer should also note that TTUS may procure Goods or Services for itself or on behalf of any TTUS System component institution. When submitting a Proposal in response to this RFP, the Proposer should consider proposing pricing and other commercial terms that take into account higher volumes and other expanded Best Value opportunities that could result from the eventual inclusion of TTUS, its other component institutions, and other institutions, governments, and State agencies in the Goods or Services requested in this RFP.

4.16 E-commerce

TTUS utilizes the Jaggaer e-commerce platform to issue purchase orders and process invoices. The Proposer agrees to comply with any TTUS requirements for participating in electronic commerce.

4.17 Withdrawal or Modification

No Proposal may be changed, amended, or modified after it has been submitted or filed in response to this Solicitation, except for obvious errors or as part of the Negotiation process approved in writing by the Chief Procurement Officer.

However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals.

Modifications will be allowed on the TechBid website until the deadline for Proposal submittals. No Proposal may be withdrawn after the submittal deadline without approval by TTUS, which shall be based on Proposer’s submittal in writing of a reason acceptable to TTUS.

4.18 Risk of Loss, Damage, or Delay

Proposer acknowledges and agrees to release and hold harmless TTUS, its campus components, Board of Regents, officers, employees, agents, and personnel, from and against any and all claims, liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to a failure to successfully submit or deliver the Proposal to

Procurement Services at TTUS, as detailed in this RFP.

4.19 Digital Signature

Proposers must sign documents and correspondence using software approved by the TTUS. To be approved by

TTUS, a signature software platform must: (1) be compliant with the ESIGN Act of 2000, and the Electronic

Transaction Act (UETA), (2) must utilize signatory accounts that authenticate users by password, and (3) produce a https://statutes.capitol.texas.gov/Docs/ED/htm/ED.61.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

Rev. August 8, 2024 Page 15 of 20 timestamp for the digital signature. The following three are specifically approved: Adobe Sign, DocuSign, and

Verisign. TTUS utilizes Adobe Sign for its signature process. TTUS will support other digital signature platforms as long as they comply with this policy.

4.20 Proposer Registration

If the Proposer is not already set up as a TTUS Vendor, the Proposer will be required to register through TTUS’s

PaymentWorks system. Any modification to the Proposer’s address, tax identification number, or banking information is required to be modified through PaymentWorks.

4.21 Insurance Requirements

Consistent with its status as an independent contractor, Contractor will carry and cause its Subcontractors to obtain and maintain at least the following insurance, with companies authorized to do business in Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code.

TTUS in no way warrants that these limits are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Scope of Work. The Contractor will assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. The Contractor is not relieved of any liability or other obligations assumed by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

All policies will be written on a primary basis, non-contributory with any other insurance coverage or self-funded plans which TTUS maintains.

4.21.1 The Contractor agrees to furnish insurance certificates reflecting the following coverage:

Type of Coverage Limits of Liability

Workers Compensation (Coverage A) Statutory

Employer’s Liability (Coverage B) $1,000,000

Commercial General Liability, including products and completed operations

a. General Aggregate $2,000,000

b. Products/Completed Operations Aggregate $2,000,000

c. Each Occurrence Limit $1,000,000

d. Personal Advertising Injury $1,000,000

e. Damage to Rented Premises $50,000

f. Medical Payments (any one person) $5,000

Automobile Liability (covering leased, hired, non-owned and employee non-owned vehicles)

Bodily Injury/Property Damage (each accident) $1,000,000

Personal Injury Protection Statutory

NOTE: An umbrella policy may be used to reach required limits.

4.21.2 Commercial General Liability (“CGL”) must include coverage for liability arising from Goods or Services-completed operations and liability assumed under an insured Contract.

i. If the CGL insurance has a general aggregate limit then ISO endorsement CG 25 04 (03/97 Edition) or its equivalent must be added. The Designated Location(s) General Aggregate Limit must be maintained for the duration of the Contract, and the limit must be twice the minimum required occurrence limit.

ii. Contractor will name TTUS, and its Board of Regents, officers, employees, agents, and volunteers as

Additional Insureds on ISO endorsement CG 20 26 or its equivalent. The policy shall include ISO endorsement CG 20 01 04 13.

http://www.texas-statutes.com/insurance-code

Rev. August 8, 2024 Page 16 of 20

iii. The CGL policy shall contain no endorsements or modifications limiting the scope of coverage for liability assumed under the Contract, or liability arising from pollution.

4.21.3 Additional Insured, Subrogation

All policies must include a waiver of subrogation favoring TTUS. With the exception of the Workers'

Compensation policy, TTUS must be an additional insured on all policies.

4.21.4 Certificates of Coverage

At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days prior to the commencement of any renewal term of the Contract, or upon renewal of the policies, Contractor shall furnish Procurement Services with certificates of insurance in a form acceptable to TTUS, certifying that the

Contractor carries the required insurance policies and coverage. The certificates shall be sent to Procurement

Services at procurement.insurance@TTUS.edu. Failure of TTUS to request such certificates does not eliminate the requirement for the Contractor to maintain the required coverage.

4.21.5 Notification of Cancellation

The Contractor will endeavor to notify Procurement Services thirty (30) days before any material change or cancellation of any insurance policy. In the event the Contractor receives notice of modification or cancellation of any of the policies required under any Contract, then prior to the effective date of modification or cancellation of the policy, the Contractor will obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to TTUS. If the Contractor fails to obtain such an insurance policy, TTUS may immediately terminate the Contract after providing the Contractor with notice of such termination.

4.22 Compensation and Fees

4.22.1 Provide a detailed compensation schedule for the Services (Attachment A) to be performed in response to this RFP. Proposed pricing will apply to every TTUS department requesting Goods or Services and cannot be limited to select departments. Proposer(s) shall submit a schedule that clearly details the various compensation amounts and fees that will apply if the Proposer is awarded a Contract with TTUS. TTUS will not be obligated to compensate for any amounts that are not provided in the schedule or not included in the fully executed Contract.

4.22.2 In addition to the financial offers, please propose a financial commitment to assist TTUS. Options may include a signing bonus, scholarships, sponsorship internships, commitment to hire TTUS graduates, or a (%) percentage rebate. All offers are subject to TTUS approval and Operating Policies and Procedures.

4.23 Invoicing and Payment

4.23.1 Proposer(s) shall submit invoices by electronic means to TTUS Payment Strategies

(payment.strategies@TTUS.edu) and provide support for allocation of premium to the components as may be required.

4.23.2 Invoices will be paid net thirty (30) days in compliance with Texas laws. All invoices must reference a valid

TTUS Purchase Order, or the invoice will be returned as non-compliant. No commitment for Goods or

Services is valid without a TTUS Purchase Order.

4.23.3 Proposer(s) may submit a Proposal for a prompt payment discount.

mailto:procurement.insurance@ttu.edu mailto:payment.services@ttu.edu

Rev. August 8, 2024 Page 17 of 20

4.23.4 TTUS has established the following payment options for invoices based upon the payment option chosen by the Proposer. TTUS requires all contracted Vendors to enroll in automated payment options.

i. Automated Clearing House (“ACH”) transaction

ii. Single-Use Account (“SUA”) card (JP Morgan)

* If TTUS is making payment on funds appropriated by the State of Texas, the payment term is net thirty (30) as required by law. TTUS will submit an electronic check remittance to the email address on record for all ACH and SUA payments.

Rev. August 8, 2024 Page 18 of 20

APPENDIX A

DEFINITIONS

Addendum: A written change, addition, alteration, correction, or revision to a Solicitation document or a Contract.

Amendment: An agreed addition to, deletion from, correction, or modification of a Contract signed by all authorized parties. An Amendment may include renewal or extension of a Contract.

Assignment: An authorized legal transfer of contractual rights from one party to another party.

Award: The act of accepting a Bid, Proposal, or Offer, thereby resulting in a Contract or Purchase Order between TTUS and the Contractor.

Best Value: The factors to be considered in determining the best overall value for TTUS per Texas Education Code §51.9335(b).

Comptroller: The Texas Comptroller of Public Accounts.

Conflict of Interest: A Conflict of Interest refers to a situation in which an employee's financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of influencing, the TTUS employee's judgment in exercising any duty or responsibility, including the conduct or reporting of research, owed to TTUS (see TTUS OP 10.20).

Contract: A legally binding written agreement executed between TTUS and a second party in which the parties agree to perform in accordance with the obligations therein. Contracts include, but are not limited to, letter agreements, cooperative agreements, memorandums of understanding ("MOU"), Interagency Contracts, Interlocal Contracts, easements, licenses, leases, and Purchase Orders (see Regents’ Rules Chapter 07).

Contract Administration: Following the contract award, the TTUS requesting department-level actions to oversee full compliance with all of the terms and conditions contained within a Contract.

Contract Administrator: The Contract Administrator is the department-level individual responsible for adherence to all provisions contained within a Contract and for managing the performance of the Contract.

Contract Close-out: The process conducted upon completion of the Contract during which the Contract Administrator confirms and documents compliance with the terms and conditions of the Contract, final deliverables are received, and outstanding payments processed.

Contract Management: The complete contract process from planning through Contract close-out.

Contract Review Team: A team comprised of such members as the Contract Manager, the Contract Administrator, and, as needed, cross-functional members such as subject matter experts, information technology, risk management, legal, and price/cost analysts. The size and the members of the team are dependent on the nature and complexity of the project.

Contractor: An entity or individual contracted to provide Goods or Services to TTUS. For this RFP, Contractor is used interchangeably with the term “Proposer.” In some instances, the Contractor may be referred to as the supplier.

Fiscal Year (“FY”): The twelve (12) month period starting September 1 and closing on August 31 that is consistent with the State’s annual budget.

Goods: Includes salable or usable items such as supplies, materials, merchandise, consumables, commodities, solutions, manufactured items, or equipment. Goods do not include Services or real property.

Negotiations: Conferring, discussing, or bargaining to reach a mutual agreement between two or more parties.

Originating Department: The TTUS department from which a Solicitation or Procurement request originates and is http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51.htm http://www.depts.ttu.edu/opmanual/OP10.20.pdf http://www.depts.ttu.edu/oppol/Chapter07.pdf

Rev. August 8, 2024 Page 19 of 20 responsible for the Contract Administration.

Procurement (“Procure”): Purchasing, renting, leasing, or otherwise acquiring any Goods or Services, including all functions that pertain to the acquisition through Contract Close-out.

Proposal: A Response to a Request for Proposals (“RFP”) and intended to be used as a basis to negotiate a Contract award.

Proposal Opening: The public opening of Proposals, in which the names of the Proposers to a…