ESBD_384429_1733782195409_CIO-25-229 AI CoE RFP_FINAL.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR PROPOSAL

RFP NUMBER: RFP01-CIO-25-229

NVIDIA AI Center of Excellence Project

PROPOSAL MUST BE RECEIVED PRIOR TO:

2:00 P.M. Central Time on December 27, 2024

EMAIL RFP RESPONSES TO:

soprocurement@tamus.edu

SUBJECT LINE: CIO-25-229 AI CoE

NOTE: Proposal response must be received by The Texas A&M University System Office of Procurement and HUB Program before the date and time specified for receipt of proposal as stated within Section 2.3 of this RFP. After the due date and time, only the names of respondents will be made public.

REFER INQUIRIES TO:

Jeff Zimmermann, Executive Director

Procurement and Business Services | HUB Program The Texas A&M University System Email: soprocurement@tamus.edu

All proposals shall become the property of The Texas A&M University System and the State of Texas upon receipt. Proposals may be subject to public review after contracts have been executed. Refer to Section 5G for more information regarding confidential and proprietary information.

mailto:soprocurement@tamus.edu

The Texas A&M University System RFP01 CIO-25-229 Page 2 of 34

TABLE OF CONTENTS

SECTION 1. INTRODUCTION

SECTION 2. INSTRUCTIONS FOR RESPONDENTS

SECTION 3. SCOPE & SUPPORT

SECTION 4. PROPOSAL RESPONSE

SECTION 5. GENERAL TERMS AND CONDITIONS

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance

Exhibit D –Services Agreement (Draft)

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SECTION 1 - INTRODUCTION

1.1 Scope

The Texas A&M University System (“A&M System”) is seeking proposals from qualified vendors (“Respondents”) interested in working with NVIDIA on the design, development, and implementation of an Artificial Intelligence (AI) Center of Excellence (CoE) for the A&M System.

By submitting responses, each Respondent certifies that it understands this Request for Proposal (“RFP”) and has full knowledge of the scope and nature of the opportunity described herein. Each Respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent. Proposals shall be in accordance with the terms, conditions, and requirements set forth in this RFP.

1.2 About The A&M System

The Texas A&M University System is one of the largest systems of higher education in the nation, with a budget of $7.3 billion. Through a statewide network of 11 universities, a comprehensive health science center, eight state agencies, Texas A&M-Fort Worth and Texas A&M-RELLIS, the Texas A&M System educates more than 157,000 students and makes more than 21 million additional educational contacts through service and outreach programs each year. System-wide, research and development expenditures exceed $1.5 billion and help drive the state’s economy.

More information about the A&M System and all its Members can be found in the A&M System About page (https://www.tamus.edu/system/about/).

1.3 Priorities/Expectations

Respondents should note the following priorities/expectations with regard to the possibility of A&M System establishing a contractual relationship with any Respondent:

(a) Ensuring a Quality Level of Service. This priority encompasses the quality of the level of service that can be provided to all A&M System Members in a timely, cost-effective manner. A&M System is seeking a Respondent or Respondents that will ensure the provision of such quality in its delivery of service through proven techniques and established metrics.

(b) Level of Experience and Expertise. Respondent must demonstrate capabilities in providing the utmost level of experience and expertise to ensure successful completion and implementation of services as determined by the A&M System.

(c) Delivery Efficiency as it Relates to Total Costs. Respondent must demonstrate its ability to deliver the required services in a cost-effective and timely manner while not sacrificing the quality required by the A&M System.

1.4 Calendar of Events

Activity Date

Release of Request for Proposal December 9, 2024 Deadline to Submit Questions December 17, 2024 Release of Addendum (if applicable) December 19, 2024 Responses Due December 27, 2024 Selection of Respondent TBD https://www.tamus.edu/system/about/ https://www.tamus.edu/system/about/ https://www.tamus.edu/system/about/

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A&M System will make every effort to adhere to the above schedule. The schedule, however, is subject to change. This may be in the event that further clarification of responses or terms of contract are in the best interest of A&M System and/or in the event A&M System requires more time to ensure that the selection of the Respondent is in accordance with its policies, rules and regulations, as well as actual timing needs.

1.5 Performance Period

Should the A&M System, in its sole discretion, enter into an Agreement with the successful Respondent as a result of this RFP, the resultant Agreement shall be effective upon execution for a suggested initial period of three (3) years. Agreement may be extended for additional terms providing all parties mutually agree in writing on the extension. Any extensions shall be at the same terms and conditions plus any approved changes to be determined by the A&M System and negotiated in writing with the successful Respondent.

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SECTION 2 - INSTRUCTIONS FOR RESPONDENTS

2.1 General Information

This RFP outlines the scope and requirements stated within Section 3. While it is the intent of the A&M System to effectively establish an agreement with a qualified provider for these services, there is no guarantee that a contract will be awarded.

Submittals are to be in accordance with the outline and specifications contained herein, are to remain in effect a minimum of 120 days from the date of submission and may be subject to further extensions as negotiated. A statement to this effect should be contained in the Respondent's cover letter.

This RFP contains specific requests for information. Respondents are encouraged to examine all sections of this RFP carefully, as the degree of interrelationship between sections is critical. In responding to this RFP, Respondents are encouraged to provide any additional information they believe relevant.

Clause headings appearing in this RFP have been inserted for convenience and ready reference.

They do not purport to define, limit or extend the scope of intent of the respective clauses.

Whenever the terms "must" "shall" "will" "is required” or "are required” are used in the RFP, the subject being referred to is to be a required feature of this RFP and critical to the resulting submittal.

In those cases where mandatory requirements are stated, material failure to meet those requirements could result in disqualification of the Respondent's response. Any deviation or exception from RFP specifications must be clearly identified by the Respondent in its submittal.

Expenses for developing and presenting proposals shall be the entire responsibility of the Respondent and shall not be chargeable to the A&M System. All documentation submitted with the proposal response will become the property of the A&M System.

2.2 Examination of the Request for Proposal

Before submitting, each Respondent will be held to have examined A&M System requirements outlined in Section 3 and satisfied itself as to the existing conditions under which it will be obligated to perform in accordance with specifications of this RFP.

No claim for additional compensation will be allowed due to unfamiliarity with the specifications and/or existing conditions. It shall be understood that the Respondent has full knowledge of all of the existing and/or revised conditions and accepts them "as is."

2.3 Submittal Instructions

All proposals must be received by the A&M System, no later than 2:00:00 p.m. Central Time, December 27, 2024 electronically via email to soprocurement@tamus.edu with the subject line of “CIO-25-229 AI CoE.” The sent time indicated within the A&M System email server shall be used for the receipt and acceptance of the response. It is each Respondent’s responsibility to ensure that the entire submittal response is received by the A&M System by the deadline stated above regardless of submission method. Late proposal responses will not be considered under any circumstances.

A file sharing tool may be used to submit the proposal response if large file sizes are an issue. If opting to use a file sharing tool it is recommended that Respondents send a test file prior to the

The Texas A&M University System RFP01 CIO-25-229 Page 6 of 34 due date.

Submittal File Format: Submission shall be saved as two (2) separate files in Adobe Portable Document Format (PDF) according to the items listed below and named as such; I) “company name – Proposal” and II) “company name – Forms.”

2.4 Proposal Components

The following documents and all requirements from noted sections are to be returned as part of your proposal submittal. Failure to include these documents may be basis for response disqualification.

I. Proposal

✔ Cover Letter to include a brief introduction with interest and capability of the Respondent.

✔ Table of Contents

✔ Proposal, to include Sections 4.1 – 4.3

✔ Pricing Proposal, Section 4.4

II. Forms

✔ Signed Execution of Offer (Exhibit A)

✔ Non-Collusion Affidavit (Exhibit B) – signed and notarized

✔ Accessibility documentation (Section 3.6)

✔ HUB Subcontracting Plan (Section 4.5)

Proposal format: The proposal response shall be presented in the order listed above with sections noted accordingly for easy reference. The Table of Contents shall provide page numbers for each section of the proposal.

Note: Additional information regarding the Execution of Offer and Non-Collusion Affidavit.

● Execution of Offer: The signature in the Execution of Offer within the electronic copy shall serve as the official signature of record. Signature can be done electronically with DocuSign, Adobe or another similar tool.

● Non-Collusion Affidavit: The Respondent signature as well as the notarization on this document may be done electronically with DocuSign, Adobe or another similar tool. An agreement may not be executed with the awarded Respondent until this document is fully signed and notarized.

2.5 Inquiries and Interpretations

All questions concerning this RFP are to be directed, in writing, to Jeff Zimmermann, Executive Director, Procurement and Business Services to soprocurement@tamus.edu. Respondent may not contact other individuals at A&M System to discuss any aspect of this RFP, unless expressly authorized by the A&M System Procurement office to do so.

Questions regarding the RFP, including questions for more data or information beyond that included in this RFP and any attachment, should be presented in writing. Deadline for submission

The Texas A&M University System RFP01 CIO-25-229 Page 7 of 34 of questions is December 17, 2024. The A&M System will publish all questions with responses according to the schedule in Section 1.4.

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum/amendment and posted to the Electronic State Business Daily (ESBD) at the following site; http://www.txsmartbuy.com/sp. (Input Agency Number “710” and select “Posted” for the Status).

It is the responsibility of all Respondents to check the ESBD for any and all addenda issued for this RFP. All such addenda/amendments issued by the A&M System prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in Exhibit A – Execution of Offer. Only those A&M System inquiries receiving a public reply via formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

2.6 Selection Process

The evaluation of the proposals shall be based on the information provided that the A&M System deems to represent the best value to the A&M System. The RFP provides the information necessary to prepare and submit proposals for consideration by the A&M System. All properly submitted proposals will be reviewed, evaluated, and ranked by the A&M System. The A&M System will rank the Respondents in the order that they provide the overall “best value” to the A&M System based on an evaluation of the responses to the RFP. The A&M System may interview one or more of the top ranked Respondents as part of the evaluation process.

The A&M System will base its choice on demonstrated competence, knowledge, and qualifications, ability of the Respondent to meet the needs of the A&M System, timeline for implementation, on the reasonableness of the proposed costs, and on the demonstrated ability to include businesses certified as a Historically Underutilized Business (HUB) in the state of Texas in the performance of a percentage of the scope of work (as applicable); and if other considerations are equal, give preference to a Respondent who is certified as a HUB in the state of Texas, whose principal place of business is in the state of Texas, or who will manage the contract wholly from an office in the state of Texas.

The Respondent selected will be the one whose experience and qualifications, as presented in response to this RFP, establish them, in the opinion of A&M System, as well-qualified and offering the greatest benefits, experience and value to A&M System. A&M System 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 A&M System determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and executed with that Respondent. The contract will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the Respondent’s proposal as negotiated.

The most qualified Respondents as determined by A&M System MAY BE REQUIRED to interview with the evaluation committee before the final selection(s). If interviews are required, they will be done online through video conferencing, or in person if allowed at the time by A&M System guidelines and agreed to by both parties. A&M System will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation, submission or interviews that may be conducted.

http://www.txsmartbuy.com/sp

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Submission of proposals indicates Respondent's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by A&M System during the evaluation process. The selection of the successful proposal may be made by A&M System on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal(s) may be made by the A&M System on the basis of negotiation with any of the Respondents. A&M System 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, A&M System 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.

A&M System may perform reference checks and seek further information, as needed from all Respondents whose proposals A&M System, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes A&M System to contact these organizations to discuss the services and other considerations that the Respondent has provided to such organizations and authorizes the organizations to provide such information to A&M System and Respondent shall and hereby does release and hold harmless A&M System, the state of Texas, and the organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the proposal.

A&M System 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 Respondent.

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SECTION 3 - SCOPE AND SUPPORT

3.1 General

The A&M System is requesting proposals from Respondents interested in working with NVIDIA on the design, development, and implementation of an Artificial Intelligence (AI) Center of Excellence (CoE) for the A&M System. This CoE will serve as a hub for AI research, education and innovation.

3.2 Overview

The AI CoE will be a state-of-the-art facility designed to foster collaboration between academia and industry in the field of AI. The CoE will include advanced computing infrastructure, research laboratories, collaborative spaces, and educational facilities.

3.3 Scope of Work

The selected Respondent will be responsible for:

• Collaborating with NVIDIA and A&M System to ensure smooth implementation of the DGX SuperPOD solution

• Providing local/on-site project management and coordination

• Assisting with site preparation and infrastructure readiness assessment

• Coordinating the delivery and installation of NVIDIA hardware components

• Supporting NVIDIA during the physical installation and the logical configuration of the compute and network

• Assisting with network integration and storage network connectivity, performing network testing and validation and system operational validation tests

• Offering local, on-site technical assistance during and after deployment

• Conducting user training sessions in collaboration with NVIDIA

• Assisting with documentation of the deployed solution

• Facilitating communication between Texas A&M, NVIDIA, and other involved parties

• Any value-added services not listed above

3.4 Technical Specifications

The specifications in the below subsections are provided for informational purposes only as they will be fulfilled by NVIDIA.

3.4.1 Computing Infrastructure

• Deployment of NVIDIA DGX SuperPOD with DGX H200 Systems

• High-performance AI supercomputing cluster with a minimum of 760 H200 GPUs

• GPU architecture capable of supporting large language models and generative AI workloads

• Minimum 107 TB of total GPU memory

• High-speed, low-latency networking infrastructure (e.g., InfiniBand)

• Scalable storage solution with at least 10 PB usable capacity

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3.4.2 Storage Subsystems

• High-performance storage solution with at least 10 PB usable capacity

• Storage throughput capable of supporting full I/O utilization of 3-4 Scalable

Units (SUs)

• Integration with NVIDIA networking fabric for optimal performance

3.4.3 Software and Tools

• NVIDIA AI Enterprise software suite including frameworks, tools, and pre-trained models

• Cloud-native software for streamlining AI workflows and data analytics

• Software with comprehensive cluster management capabilities, job scheduling and resource allocation features, monitoring and reporting tools, user management, access control features, and integration with AI frameworks and tools

• Support for multiple job scheduling systems (e.g., Kubernetes, Slurm)

3.4.4 AI Development and Deployment Capabilities

• Large language model (LLM) development and customization tools

• Generative AI model support with NVIDIA NeMo framework

• Data preparation and curation tools

• Model training, fine-tuning, and deployment solutions

3.4.5 Educational Resources

• Access to 30 NVIDIA Deep Learning Institute (DLI) training credits

• Hands-on workshops and bootcamps for students and faculty

• Certification programs in AI and accelerated computing

3.5 Services and Support

The services and support in the below subsections are provided for informational purposes only as they will be fulfilled by NVIDIA.

3.5.1 Coordinated Full-Stack Support

• End-to-end support for the entire DGX solution, including compute, networking, and storage components

• Seamless integration of support across all solution elements

• Clear escalation paths and response time commitments

3.5.2 Premium Technical Account Manager (PTAM)

• Role and responsibilities of the PTAM

• How the PTAM will interface with the Texas A&M team

• Frequency of check-ins and performance reviews

• Strategy for proactive planning and support for releases and upgrades

3.5.3 NVIDIA Deep Learning Institute (DLI) Training

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• Administration training for cluster management

• User training for researchers and the academic community

• Customized learning paths and hands-on workshops

• Details on training credits and certification options

3.5.4 TOP500 HPL Benchmark

• Conduct a TOP500 High-Performance Linpack (HPL) benchmark run

• Set performance expectations based on a 3 SU design

• Provide detailed analysis and reporting of benchmark results

3.6 Accessibility

Under Texas Government Code Chapter 2054, Subchapter M, Texas Administrative Code Sections

206.70 and 213, Title II of the American with Disabilities Act, and implementing policy of A&M System’s Regulations 29.01.04, the Texas A&M University System must procure Products that comply with the accessibility standards when such products are available in the commercial marketplace or when such Products are developed in response to a procurement solicitation.

Accordingly, the Respondent must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards.

a) Provide your Accessibility Conformance Report (ACR) with your RFP response. At a minimum your ACR should address accessibility, keyboard navigation, and screen reader accessibility.

https://www.itic.org/policy/accessibility/

b) Provide Policy Driven Adoption Vendor Self-Assessment (PDAA) with your RFP response.

This Information and Communications Technology (ICT) accessibility assessment is for vendor organizations to describe how they are currently implementing accessibility policy and practices within their organizations. https://dir.texas.gov/resource-library-item/policy-driven-adoption-accessibility-pdaa-vendor-assessment

c) Are all areas of your application fully Unicode compliant in terms of both data entry and display?

d) Does your application fully support the major world orthographies (i.e., Chinese, Japanese, Arabic), including those with non-English directionality (R-L, or top to bottom)? Can it accommodate any practical orthographic tradition (i.e., Cherokee syllabics) that can be handled within Unicode?

e) What is your timeline for making the solution fully accessible?

3.7 TX-RAMP Certification

Should respondent’s product meet the Texas Department of Information Resources (“DIR”) definition of a cloud computing service, respondent shall provide A&M System with evidence of its TX-RAMP compliance and certification at least thirty (30) days prior to the start of any agreement. (See also Exhibit D: 9. INFORMATION TECHNOLOGY: C. Cloud Computing Services).

https://www.itic.org/policy/accessibility/ https://dir.texas.gov/resource-library-item/policy-driven-adoption-accessibility-pdaa-vendor-assessment https://dir.texas.gov/resource-library-item/policy-driven-adoption-accessibility-pdaa-vendor-assessment

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SECTION 4 - PROPOSAL RESPONSE

The Respondent recognizes that in its selection process, A&M System will rely, in part, on the answers provided in response to this Section. Accordingly, Respondent warrants to the best of its knowledge that all responses are true, correct and complete.

4.1 Company Profile

A. Provide a contact name for this RFP response, including title, address, telephone number and email address.

B. Number of years in business: ______

C. Number of Employees: ______ (company wide) ______ (relevant branch office(s))

D. Annual Sales Volume: _____________________________(company wide)

E. Is your company currently for sale or involved in any transaction to expend or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms.

F. Provide any details of all past or pending litigation or claims filed against your company that would negatively impact your company’s performance under an agreement with the Agencies.

G. Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If yes, specify date(s), details, circumstances, and prospects for resolution.

4.2 Vendor Qualifications

Respondent shall provide a response to the following items:

A. Respondent must furnish at least three (3) references of clients from the past five years for services provided similar in scope to the services described in Section 3 above. If available, the A&M System requests that two of the references come from institutions of Higher Education and/or other public sector entities.

● Company/Agency name & address

● Contact person name & title

● Contact phone number

● Contact email address

● Summary of services provided

B. Has Respondent worked with the A&M System or any of its Members in the past two years?

If yes, provide the specific member of the A&M System, point of contact (name, title, phone number, and email address), and a brief description of the work performed.

C. Describe Respondent’s core service offerings and include experience and expertise with similar AI infrastructure deployments.

4.3 Technical Proposal

Respondent should describe how their capabilities, experience and qualifications can address the overall needs and requirements of the A&M System as described in SECTION 3 – SCOPE AND

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SUPPORT. In responding to these requirements, Respondent:

A. Shall provide sufficient information to fully demonstrate that the Respondent can fulfill the scope and requirements by addressing each item within sub-section 3.3 above.

B. Shall provide a list of the services and support the Respondent will rely on NVIDIA to provide throughout the project as it relates to Section 3.5 above.

C. Shall provide a project management approach that demonstrates ability to work with NVIDIA for successful deployment and completion of the project.

D. Shall provide a timeline for implementation with key milestones. Timeline shall include when implementation can begin upon execution of an Agreement through the date proposed for completion.

E. May provide other documentation and information to demonstrate the overall value of the Respondents offerings, and any other services available to support the project.

4.4 Pricing Proposal

Respondent shall provide a complete pricing proposal for the scope and support required for this project to include the following items.

A. Cost Breakdown: Include all hardware, software, installation, support, and any additional services necessary to perform the scope of work.

• Refer to the attached itemized bill of materials spreadsheet. Respondent shall provide the cost breakdown for both options to be considered by the A&M System; 3SU DGX H200 SuperPOD and 4SU DGX H200 SuperPOD.

• Any additional expenses or costs necessary for the completion of this project such as travel must identified and included in this proposal. Allowed travel expenses must be in compliance with the State of Texas Travel Guidelines as defined by the Comptroller of Public Accounts.

B. Financing Options: Provide any options available to the A&M System for the completion of the scope of work for this project such as flexible acquisition models including leasing options.

4.5 Historically Underutilized Business (HUB) Requirements

It is the policy of the State of Texas and the A&M System to encourage the use of Historically Underutilized Businesses (HUBs) both directly and indirectly in prime contracting and subcontracting efforts. The goal of the HUB Program is to promote equal access and equitable opportunity in the A&M System contracting and purchasing activities.

A subcontracting opportunity is defined as any portion(s) of the scope contracted with a vendor to work, supply commodities for, or contribute towards completing work for a governmental entity.

The Respondent is required to submit a completed HUB Subcontracting Plan (HSP) form detailing how they will conduct a good faith effort to attract and incorporate State of Texas HUB-certified vendors to perform a percentage of the scope of work defined within this RFP.

The HUB participation goal for this RFP is 15% and the Respondent is required to conduct a good faith effort to achieve this goal through subcontracting opportunities, mentor protégé

The Texas A&M University System RFP01 CIO-25-229 Page 14 of 34 relationships, or other means of meaningful business relationships to increase the capacity and utilization of HUB firms. Maximizing meaningful opportunities to HUBs is of the utmost importance to The Texas A&M University System. The good faith effort requirement may be met through successful completion of the plans described below.

The Respondent is required to complete and submit a HUB Subcontracting Plan (HSP) form.

Failure to submit a comprehensive, acceptable HSP form will be considered a material failure to comply with the requirements of this RFP and may result in rejection of the response. Refer to Section 2.6 for details on the A&M System’s selection process.

HUB Subcontracting Plan (HSP) Form

The Respondent is required to review and complete the A&M System HSP form.

In all cases, the Respondent is required to:

i. Complete Section 1, Section 2, and Section 4 of the HSP form.

ii. Determine whether it is probable that they will subcontract any portion of the scope within this RFP.

iii. Complete either Method A, Method B, or Section 3 as applicable based on the response to Section 2.

If the Respondent determines it is probable that they will subcontract any portion of the scope within this RPF, the applicable HUB participation goal for this RFP is 15%, and the Respondent is required to conduct and demonstrate a good faith effort to achieve this goal and list all anticipated subcontracting opportunities in Section 2b of the HSP form. Note: In all cases, the HUB goal stated within this RFP takes precedence over the HUB goal stated on the downloaded HSP form.

Please contact The Texas A&M University System HUB Program Office at SO- HUBProgram@tamus.edu for assistance with completing the requirements of this section.

Respondents can submit a draft of their HSP form prior to submittal of their response to the RFP for review. All drafts must be submitted at least five business days prior to the RFP due date.

https://www.tamus.edu/business/wp-content/uploads/sites/20/2023/12/FY24-HSP-Form-Template.pdf mailto:SO-HUBProgram@tamus.edu mailto:SO-HUBProgram@tamus.edu

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SECTION 5 - GENERAL TERMS AND CONDITIONS

A. TERMS AND CONDITIONS: The A&M System reserves the right to accept, reject, modify, and/or negotiate any and all submittals received in conjunction with this RFP. It reserves the right to waive any defect or informality in the submittals on the basis of what it considers to be in its best interests. Any submittal which the A&M System determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. The A&M System reserves the right to award to the company, or companies, which in our sole judgment, will best serve our long-term interest.

This RFP in no manner obligates the A&M System to the eventual purchase of any products or services described, implied, or which may be proposed, until confirmed by written agreement, and may be terminated by the A&M System without penalty or obligation at any time prior to the signing of a contract.

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by the A&M System Office of General Counsel are essential prior to execution of any resultant agreement. In the event the Respondent does not supply terms and conditions with their submittal, A&M System terms and conditions will govern this transaction.

B. GOVERNING LAW: Respondent agrees that, in the event of a dispute, laws of the State of Texas will prevail.

C. NON-DISCRIMINATION: The parties agree that in the performance of any contract they shall not discriminate in any manner on the basis of race, color, national origin, age, religion, sex, genetic information, veteran status or disability protected by law. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation. By submitting a submittal, Respondent certifies that it will conform to the provisions of the federal Civil Rights Act of 1964, as amended.

D. CIVIL RIGHTS REQUIREMENTS: All Respondents must comply with applicable civil rights laws.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting a proposal, the Respondent certifies that it does not, and will not, during the performance of any resultant Agreement, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended.

F. DEBARMENT STATUS: By submitting a proposal, Respondent certifies that it is not currently debarred from submitting submittals on contracts nor is it an agent of any person or entity that is currently debarred from submitting bids on contracts.

G. PUBLIC INFORMATION: Respondent is hereby notified that the A&M System strictly adheres to all statutes, court decisions, and the opinions of the Texas Attorney General with respect to disclosure of public information. The A&M System may seek to protect from disclosure all information submitted in response to this RFP until such time as the resultant Agreement is executed. Upon execution of the resultant Agreement, the A&M System will consider all information, documentation, and other materials requested to be submitted in response to this RFP to be of a non-confidential and non-proprietary nature and therefore subject to public disclosure under the Texas Public Information Act, Texas Government Code, Chapter 552.

Respondent will be advised of a request for public information that implicates its materials and

The Texas A&M University System RFP01 CIO-25-229 Page 16 of 34 will have the opportunity to raise any objections to disclosure to the Texas Attorney General.

H. ALTERNATE PROPOSALS: A&M System 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.

I. ANTITRUST: Respondent hereby assigns to the A&M System, 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).

J. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the A&M System or any of its Members, (2) a person who at any time during the four years before the date of the contract was the executive head of the A&M System or any of its Members, or (3) a person who employs a current or former executive head of the A&M System or any of its Members.

K. INSURANCE: Respondent shall obtain and maintain, for the duration of any resultant Agreement or longer, the minimum insurance coverage set forth on Exhibit C attached hereto.

L. REQUIRED CONTRACT TERMS: The terms and conditions contained in the draft agreement attached as Exhibit D or, in the sole discretion of the A&M System, terms and conditions substantially similar to those contained in the attached agreement, will constitute and govern any Agreement that results from this RFP. If Respondent takes exception to any terms or conditions set forth in the attached agreement, Respondent will submit a list of the exceptions as part of its proposal. Respondent’s exceptions will be reviewed by the A&M System and may result in disqualification of Respondent’s proposal as non-responsive to this RFP. If Respondent’s exceptions do not result in disqualification of Respondent’s proposal, then the A&M System may consider Respondent’s exceptions when the A&M System evaluates the Respondent’s proposal.

The Texas A&M University System RFP01 CIO-25-229 Page 17 of 34

EXHIBIT A

EXECUTION OF OFFER

RFP01 CIO-25-229

DATE: ___________

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 proposal. Failure to complete, sign and return this execution of offer with the proposal may result in rejection of the proposal.

Signing a false statement may void the submitted proposal or any agreements or other contractual arrangements, which may result from the submission of respondent’s proposal. 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 “N/A" 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 A&M System’ 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 A&M System;

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

(vi) no compensation has been received for participation in the preparation of this RFP (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;

The Texas A&M University System RFP01 CIO-25-229 Page 18 of 34

(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) 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;

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

(xii) under Section 2155.006, Government Code, the Respondent certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that any resultant agreement may be terminated and payment withheld if this certification is inaccurate.

Respondent shall provide their Federal Employer Identification Number (EIN), full VENDOR name, address and contact information in the spaces below. Failure to sign manually or with electronic signature (such as DocuSign or Adobe Sign) below will disqualify the proposal response. The person signing the submittal should show title or authority to bind his/her firm in contract.

Federal EIN/Taxpayer ID #: _______________________________________________________________

Vendor/Company Name: ___________________________________________________________

Authorized Signature: _____________________________________________________________

Name: __________________________________________________________________________

Title: ___________________________________________________________________________

Street: __________________________________________________________________________

City/State/Zip: ____________________________________________________________________

Telephone No.: ____________________________________________________________________

Fax No.: __________________________________________________________________________

E-mail: ___________________________________________________________________________

* By signing this RFP, 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).

The Texas A&M University System RFP01 CIO-25-229 Page 19 of 34

EXHIBIT B

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 A&M System or any employee thereof, or any person, firm or corporation under contract with A&M System whereby the Respondent, in order to induce acceptance of the foregoing Proposal by said A&M System, 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 A&M System.

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 A&M System, nor any employee, or person, whose salary is payable in whole or in part by A&M System, 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_______________________

Notary _____________________________________

Subscribed and sworn to before me this

__________ day of ________________, 2024.

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

___________________. My commission expires: __________________________

The Texas A&M University System RFP01 CIO-25-229 Page 20 of 34

EXHIBIT C

INSURANCE

The Respondent shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to A&M System. By requiring such minimum insurance, A&M System shall not be deemed or construed to have assessed the risk that may be applicable to Respondent under this Agreement. Respondent shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. Respondent is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to A&M System at least ten days before the effective date of the cancellation.

Coverage Limit

1. Worker’s Compensation

Statutory Benefits (Coverage A) Statutory

Employers Liability (Coverage B) $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit

Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for A&M System. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted

2. Automobile Liability

Business Auto Liability Insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 Single Limit of liability per accident for Bodily Injury and Property Damage;

If a separate Business Auto Liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the Commercial General Liability policy.

3. Commercial General Liability

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products / Completed Operations $1,000,000 Personal / Advertising Injury $1,000,000 Damage to rented Premises $300,000 Medical Payments $5,000

The required commercial general liability policy will be issued on a form that insures Respondent’s or its subcontractors’ liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.

4. Cyber Liability

Contractor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, The Texas A&M University System RFP01 CIO-25-229 Page 21 of 34 infringement of intellectual property, invasion of privacy and breach of data. Cyber Liability policy with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.