ESBD_384787_1734018244499_SLMO-25-198 Energy Consulting Services RFP.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR PROPOSAL

RFP Number: RFP01 SLMO-25-198

ENERGY CONSULTING SERVICES

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on January 17, 2025

EMAIL RFP RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: SLMO-25-198 – Energy Consulting Services

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 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 public information.

mailto:SOPROCUREMENT@TAMUS.EDU mailto:Soprocurement@tamus.edu

The Texas A&M University System RFP01 SLMO-25-198 Page 2 of 32

TABLE OF CONTENTS

SECTION 1. INTRODUCTION __________________________________________________________ 3

1.1 Scope

1.2 About A&M System

1.3 Priorities/Expectations

1.4 Calendar of Events

1.5 Performance Period

SECTION 2. INSTRUCTIONS FOR RESPONDENTS ___________________________________________ 5

2.1 General Information

2.2 Examination of the Request for Proposal

2.3 Submittal Instructions

2.4 Proposal Components

2.5 Inquiries and Interpretations

2.6 Selection Process

SECTION 3. SCOPE AND SUPPORT ______________________________________________________ 9

3.1 Scope

3.2 Services Required

3.3 Project Assignments

SECTION 4. PROPOSAL RESPONSE ____________________________________________________ 13

4.1 Company Profile

4.2 Technical Proposal

4.3 Vendor Qualifications

4.4 Cost Proposal

4.5 HUB Requirements

SECTION 5. GENERAL TERMS AND CONDITIONS _________________________________________ 16

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance Requirements

Exhibit D – Service Agreement - Draft

The Texas A&M University System RFP01 SLMO-25-198 Page 3 of 32

SECTION 1 – INTRODUCTION

1.1 Scope

The Texas A&M University System (“A&M System”) is seeking proposals in response to this Request for Proposal (“RFP”) from qualified companies (“Respondent”) to provide energy consulting services (“Services”) as further described in Section 3 to A&M System on behalf of all its member universities and agencies (“Members” or “System Members”).

A&M System is dedicated to responsible stewardship of those natural resources entrusted to it through its focus on optimizing both the development of its resources and the consumption of energy on A&M System campuses and in A&M System facilities. With the recent rapid growth of emerging technologies and the recent pace of revitalization of some existing technologies, A&M System must expand its network of subject matter experts in the field of energy consulting to ensure A&M System can make correct decisions in a timely manner.

It is the intent of A&M System to establish a master services agreement (“Agreement”) with one or more companies to meet the needs of A&M System and its Members. Any resultant Agreement will be between a selected Respondent and A&M System to utilize at A&M System’s discretion.

Execution of an Agreement does not guarantee engagement in the future.

By submitting responses, each Respondent certifies that it understands this 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.

Respondent is to independently investigate and verify, at its own discretion, all information acquired from A&M System or from any other source which is relied on by Respondent in the preparation of its proposal.

Proposals shall be in accordance with the terms, conditions, and requirements set forth in this

RFP.

1.2 About A&M System

A&M 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 billion and help drive the state’s economy. More information about A&M System and all Members can be found at the A&M System About page.

1.3 Priorities/Expectations

Respondents should note the following priorities and expectations regarding 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 A&M System in a timely, cost-effective manner. A&M System is seeking a Respondent 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 its capabilities in providing the utmost level of experience and expertise to ensure successful completion of services determined by A&M System.

http://www.tamus.edu/about/

The Texas A&M University System RFP01 SLMO-25-198 Page 4 of 32

(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 A&M System.

1.4 Calendar Of Events

Release of RFP .....................................................................................................December 12, 2024 Deadline to Submit Questions .................................................................................. January 3, 2025 Release of Addendum (if applicable) ........................................................................ January 8, 2025 Deadline for Receiving Proposals ............................. January 17, 2025, by 2:00 PM Central Time Anticipated Award Date ............................................................................................................... TBD Agreement Effective Date ............................................................................................................ TBD

A&M System will make every effort to adhere to the above schedule. The schedule, however, is subject to change. Such changes may be in the event 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 assure 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 A&M System, in its sole discretion, enter into an Agreement with a successful Respondent(s) as a result of this RFP, the resultant Agreements shall be effective upon final execution for a period of three (3) years. The resultant Agreements may be extended for up to one additional two (2) year term, provided the parties mutually agree in writing on the extension.

Any extension shall be at the same terms and conditions of the original Agreement(s) in addition to any approved changes determined solely by A&M System and negotiated in writing with the successful Respondent.

Any engagement of services resulting from an Agreement will be documented individually by issuance of a purchase order based on an agreed upon scope.

The Texas A&M University System RFP01 SLMO-25-198 Page 5 of 32

SECTION 2 - INSTRUCTION FOR RESPONDENTS

2.1 General Information

A&M System is soliciting submittals from qualified firms, hereafter referred to as Respondent(s), who have significant experience in providing energy consulting services for private industry, institutions of higher education, state agencies, and/or federal agencies. The basics of the Services are outlined in the Scope of Work (Section 3). While it is the intent of A&M System to establish an Agreement with one or more Respondents for the Services stated within this RFP, there is no guarantee that an award will be made, or any Agreement executed. If an Agreement results from this RFP, A&M System will have the option to utilize the Services at its discretion.

The Respondent(s) selected shall have an excellent track record for providing these Services relative to the size and scope of A&M System projects and shall agree to provide these Services to A&M System with a top priority commitment. A&M System may select as many Respondents as needed to ensure coverage throughout the State of Texas for each of the types identified in Section 3.2.

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, in that 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 or 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 may 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 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 defined herein this RFP and satisfied itself as to the existing conditions under which it will be obligated to perform in accordance with the 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 the existing and/or revised conditions and accepts them "as is."

2.3 Submittal Instructions

All proposals must be received by A&M System, no later than 2:00:00 p.m. Central Time, January 17, 2025 electronically via email to soprocurement@tamus.edu with the subject line of “SLMO- 25-198 – Energy Consulting Services”. The sent time indicated within A&M System email server mailto:soprocurement@tamus.edu

The Texas A&M University System RFP01 SLMO-25-198 Page 6 of 32 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 A&M System by the deadline stated above regardless of submission method. Late proposals 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 due date.

Submittal 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 – Documents”.

2.4 Proposal Components

The following documents and all requirements from noted sections are to be returned as part of your proposal response. 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.

Proposal (Section 4.1 – 4.3)

Cost Proposal (Section 4.4)

II. Documents

Signed Execution of Offer (Exhibit A)

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

HUB Goal Achievement Plan (Section 4.5)

Proposal format: The proposal response shall be presented in the order listed above with sections noted accordingly for easy reference.

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 an eSignature tool.

• Non-Collusion Affidavit: The Respondent signature and notary on this document may be done electronically with an e-signature tool with that capability. 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 at soprocurement@tamus.edu. Respondent may not contact other individuals at A&M System to discuss any aspect of this RFP, unless expressly authorized by A&M System’s Procurement & HUB Program office to do so. A&M System will publish all questions in the form of an addendum with responses at least two (2) days prior to the Deadline for Receiving Proposals as stated in the schedule in Section 1.4.

mailto:soprocurement@tamus.edu

The Texas A&M University System RFP01 SLMO-25-198 Page 7 of 32

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)

All such addenda issued by A&M System prior to the time that proposals are due shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal. Only formal written addenda issued by A&M System in response to an inquiry shall be binding. Oral and other interpretations or clarification will be without legal effect.

2.6 Selection Process

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

A&M System will base its choice on criteria to include, but not be limited to, the following:

demonstrated competence, knowledge, and qualifications of the Respondent in respect to the Services offered; impact on the ability of A&M System to comply with statutes and objectives relating to utilization of Historically Underutilized Businesses; and on the reasonableness of the proposed fee for the Services; and if other considerations are equal, give preference to a Respondent whose principal place of business is in the State of Texas, will manage the contract wholly from an office in the State of Texas, or is a State of Texas certified Historically Underutilized Business.

The Respondent(s) selected will be those 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.

After proposal tabulation and such investigation of Respondents as A&M System deems appropriate, an award may be made to the vendor or vendors whose proposal it judges to represent the best value to A&M System. Final determination for award of the contract will be made on the overall best value to A&M System. A&M System reserves the right to reject any or all proposals.

By submitting its proposal in response to this RFP, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” firm(s) will require subjective judgments by A&M System.

The selection of the successful proposal(s) may be made by A&M System based on the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal(s) may be made by A&M System based on negotiation with any of the Respondents. A&M System shall not disclose any information derived from the proposals http://www.txsmartbuy.com/sp

The Texas A&M University System RFP01 SLMO-25-198 Page 8 of 32 submitted by competing Respondents in conducting such discussions.

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

A&M System may perform reference checks and seek further information, as needed from all Respondents whose proposals the 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 which 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 reject any or all proposals and re-solicit for new proposals, or to reject any or all proposals and temporarily or permanently abandon the project. A&M System makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

The Texas A&M University System RFP01 SLMO-25-198 Page 9 of 32

SECTION 3 – SCOPE AND SUPPORT

3.1 Scope

A&M System’s objective in developing this RFP is to receive proposals from firms, experienced in reviewing, analyzing, and providing determinations of the best-value of proposed projects which may involve energy consumption, energy conservation, and/or energy production, to provide consulting for those project types identified in Section 3.2. The successful Respondent(s) will assist A&M System in assessing opportunities for entering into potential future agreements with other companies which may generate revenues, reduce energy usage or resource depletion, create local grid stability, or provide backup energy resources for A&M System at various locations across the State of Texas.

As a result of this RFP, A&M System intends to select a pool of firms to enter into multi-year agreements to provide the Services to A&M System on an as-needed basis.

3.2 Services Required

The successful Respondent(s) will agree to provide one or more of the Services to A&M System being sought by A&M System through this RFP throughout the State of Texas, specifically but not limited to the locations of each of the Members (see Section 1.2). If the Services being offered by Respondent are not offered statewide, Respondent(s) are expected to clarify specific regions where Respondent is able to provide the requested Services.

A. List of Services sought by A&M System includes, but is not limited to, the following:

(i) Energy project evaluation

a. Assessment of both traditional and renewable energy project proposals, including feasibility, economic impact, and projected returns

b. Comparative analysis of energy production technologies (solar, wind, natural gas, geothermal, hydro, etc.)

c. Cost-benefit analysis of renewable or emerging energy projects vs. traditional energy projects

(ii) Land and resource feasibility studies

a. Comprehensive evaluation of land for suitability for utility-scale and dispatchable energy production and storage projects

b. Geotechnical, environmental, and resource assessments of land for traditional and renewable or emerging development

c. Land use planning, zoning, and permitting feasibility studies for utility-scale and dispatchable projects

d. Identification of optimal sites for energy storage (batteries, pumped hydro, etc.) and power generation facilities

(iii) Agreement negotiations and structuring

a. Development and negotiation of agreements and contracts associated with traditional and renewable or emerging utility-scale and dispatchable energy generation and storage projects

b. Structuring of agreements and contracts to maximize returns, including- but not limited to- royalty rates, land use fees, damage rates, and revenue sharing

c. Legal compliance and regulatory due diligence

d. Optimizing agreement and contract terms and conditions based upon energy market trends and policy incentives

(iv) Energy consumption and conservation feasibility and planning

The Texas A&M University System RFP01 SLMO-25-198 Page 10 of 32

a. Analysis of current energy consumption patterns to identify inefficiencies and potential savings

b. Feasibility studies and development of energy conservation strategies

c. Design of energy efficiency upgrades and retrofits for land-based infrastructure (e.g., storage facilities, backup facilities, and substations)

(v) Energy production feasibility and planning

a. Feasibility studies for both traditional and renewable or emerging energy production (e.g., wind, solar, natural gas, geothermal, hydro, and nuclear).

b. Development of energy generation models specific to the available land

c. Financial modeling of energy production project lifecycles, including capital expenditures (CapEx) and operating expenditures (OpEx)

d. Advising on grid integration for power generation projects and interconnection to existing energy infrastructure

(vi) Energy storage feasibility and planning

a. Evaluation of potential energy storage options (e.g., batteries, compressed air, and pumped hydroelectric) on A&M System land

b. Feasibility analysis of integrating storage solutions with power generation projects

c. Cost-benefit analysis of energy storage projects and their impact on grid stability, peak shaving, and energy arbitrage

(vii) Regulatory and environmental compliance

a. Analysis, reporting, and consulting on applicable federal, state, and local energy and environmental regulations

b. Management of the permitting process for utility-scale and dispatchable projects (e.g., environmental impact assessments, renewable energy credits).

c. Advising on compliance with land use, zoning laws, and grid connection standards

d. Consultation on environmental impact mitigation strategies, which may include wildlife protection, water conservation, and soil management

(viii) Project finance and investment advising

a. Understanding financial structuring of energy projects, including leasing terms and securing funding (e.g., loans, grants, and tax incentives) to leverage when advising on deal structuring

b. Analysis of financing models for energy projects, including- but not limited to-power purchase agreements (PPAs), energy service agreements, and tax equity structures

c. Assessment of tax credits, subsidies, and incentives for traditional and renewable energy projects, such as Investment Tax Credits (ITCs) and Production Tax Credits (PTCs)

d. Advising on project risk management, including contingency planning and hedging against energy market volatility

(ix) Technology selection and integration

a. Evaluation of energy production and storage technologies for their suitability to the specific land

b. Vendor evaluation and technical review of proposed equipment (solar panels, wind turbines, battery storage systems, dispatchable power facilities, etc.)

c. Recommendations for integrating renewable energy technologies with traditional systems for optimal performance

(x) Energy market analysis and strategic advisory

a. Comprehensive energy market analysis, including pricing forecasts, demand

The Texas A&M University System RFP01 SLMO-25-198 Page 11 of 32 trends, and regulatory developments

b. Strategic recommendations based on market data to maximize the economic return from entering agreements on land to support energy projects

c. Identifying optimal off-take strategies, such as long-term PPAs or merchant power sales

d. Risk analysis and mitigation strategies related to energy pricing and regulatory changes

(xi) Infrastructure development and grid integration

a. Assessment of necessary infrastructure for energy generation and storage, including transmission lines, substations, fuel sources, logistics, etc.

b. Consulting on grid connection requirements and interconnection agreements with utility companies

c. Development of smart grid solutions and microgrid integration options for utility-scale and dispatchable projects

(xii) Legal advisory services

a. Drafting and negotiation of comprehensive energy project contracts, including PPAs, interconnection agreements, and construction contracts

b. Ensuring contracts are aligned with best practices in land management for energy development

c. Advising on indemnification, insurance, and liability considerations in energy project agreements

d. Legal risk assessment related to project development, leasing, and operations

(xiii) Sustainability and Environmental, Social, and Governance (ESG) consulting

a. Consultation on achieving sustainability goals, including the incorporation of renewable energy projects into broader ESG strategies

b. Recommendations on carbon offset strategies and achieving carbon-neutral operations

c. Assessment of energy project impacts to the community and assessment of long-term sustainability

(xiv) Development of monitoring and evaluation strategies

a. Development of key performance indicators (KPIs) for energy project performance and land usage efficiency

b. Development of strategies for continuous monitoring and reporting of energy production, usage, and storage data

c. Assist in post-construction evaluation of projects to ensure they meet energy production and environmental goals

(xv) Stakeholder management and reporting

a. Coordination with utility companies, regulators, and local governments

b. Reporting and communication with stakeholders on project progress and anticipated outcomes

c. Assistance in public outreach and engagement to address concerns about the energy project’s environmental and economic impacts

B. List of the industries and technologies associated with Services and potential projects on A&M System lands includes, but is not limited to:

(i) Flaring mitigation

(ii) Crypto mining

(iii) Solar/PV energy development

a. Utility-scale generation

b. Facility-scale generation

The Texas A&M University System RFP01 SLMO-25-198 Page 12 of 32

(iv) Battery Energy Storage System (BESS)

a. Front-of-meter

b. Back-of-meter

(v) Geothermal energy development

a. Facility-scale generation

(vi) Thermal energy storage development (e.g. hot sands storage)

(vii) Carbon capture, utilization, and sequestration

(viii) Hydrogen production

(ix) Heavy-metal filtration and capture

(x) Nuclear power generation

(xi) All other traditional, non-traditional, and emerging technologies of generation, transmission, and storage of energy not detailed above

3.3 Project Assignments

The A&M System may select at its discretion any of the vendors in the pool established by this RFP. Note that inclusion in the pool is not a guarantee of work or Services to be performed. The factors considered by A&M System regarding assignment of Services include, are not limited to:

A. Direct and related experience with specific project scope

B. Capability of Respondent to provide Services in relation to the location of project

C. Respondent capabilities to initiate and provide services in a timely manner

D. Budget and rate considerations

3.4 Other Considerations

If a Respondent is awarded an Agreement as a result of this RFP and are selected to assist the A&M System on a specific project which may generate revenues, reduce energy usage or resource depletion, create local grid stability, or provide backup energy resources for the A&M System, the Respondent may be ineligible to participate in any future solicitation for the development of that specific project.

The Texas A&M University System RFP01 SLMO-25-198 Page 13 of 32

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 expand 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 A&M System.

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 Technical Proposal

Respondent should describe how their services can address the overall needs and requirements of A&M System as described in SECTION 3 – SCOPE AND SUPPORT.

The Technical Proposal should be structured to address Respondent’s ability to provide the types of Services described in each sub-section in Section 3.2.A. Furthermore, when addressing each sub-section of Section 3.2.A, the Technical Proposal should state “Not Applicable” or “N/A” or something similar to indicate the Respondent does not offer the Service described in that sub-section.

In addition, when indicating that Respondent if offering a Service described in Section 3.2.A, Respondent should include the number of years’ experience Respondent has at offering the Service and also indicate which industry or technology listed in Section 3.2.B is associated with those years’ experience.

4.3 Vendor Qualifications

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

• Company/Agency name & address

• Contact person name & title

• Contact phone number and email address

• Summary of services provided

The Texas A&M University System RFP01 SLMO-25-198 Page 14 of 32

B. Has Respondent worked with A&M System or any of its Members in the past two years? If yes, provide the specific Member or A&M System point of contact (name, title, phone number, and email address), and a brief description of the work performed.

C. Has Respondent had any work with A&M System or a Member non-renewed or cancelled for any reason in the past five years? If so, please provide details on work, Member, and time frame.

D. Describe Respondent’s core service offerings with reference to learning management solutions and A&M System’s preferred technologies as discussed in this RFP.

4.4 Cost Proposal

Provide a cost proposal that includes all costs, rates, and fees associated with the Services required as described in Section 3. If such costs, rates, and fees vary by location, include an explanation of those variations and/or a location-based breakdown.

4.5 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 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 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 A&M System. Note: In all cases, the HUB goal stated within this RFP takes precedence over the HUB goal stated on the downloaded HSP form.

The Respondent is required to complete a HUB Goal Achievement Plan 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 defined within this RFP. Failure to submit a comprehensive, acceptable HUB Goal Achievement Plan may be considered a material failure to comply with the requirements of this RFP and may result in rejection of the response. Refer to Section 2.7 for details on the A&M System’s selection process.

HUB Goal Achievement (HUBA) Plan

The HUBA plan shall include details which outline and accurately represent the Respondent’s strategy, procedures, and steps to incorporate HUB certified companies in the performance of this scope.

Within this plan, the Respondent is required to address the following items:

1. The Respondent shall state whether it is a Texas certified HUB vendor.

2. The Respondent shall state its commitment to conduct a good faith effort to include HUB vendors in this RFP and if awarded any project assigned as a result.

3. The Respondent shall discuss the method in which it will identify subcontracting opportunities related to the Scope and Services Required as stated within this RFP.

The Texas A&M University System RFP01 SLMO-25-198 Page 15 of 32

4. The Respondent shall describe the method in which it solicits HUB vendors regarding the subcontracting opportunities identified.

5. The Respondent shall discuss its existing relationships within the HUB community, including those with HUB-certified vendors, HUB-focused organizations, and non-HUB companies doing business with HUB-certified vendors. The Respondent shall also provide details on how these relationships will support their plan to connect with and invite HUB certified companies to bid on the subcontracting opportunities defined in Item 4 above.

6. If not already stated, the Respondent shall provide a list of the trade organizations or development centers that it intends to work with to inform and solicit HUBs to bid on the subcontracting opportunities identified in Item 4 above. Examples of these can be found at the following site:

https://comptroller.texas.gov/purchasing/vendor/hub/resources.php.

Please contact the A&M System HUB Program Office at SO-HUBProgram@tamus.edu for assistance with completing the requirements of this section. Respondents may submit a draft of their HUB Goal Achievement Plan or HSP form prior to submittal of their response to the RFQ for review. All drafts must be submitted at least ten business days prior to the RFQ due date.

If Awarded

Any Respondent awarded an Agreement as a result of this RFP will be required to comply with all good faith effort requirements. The HUBA plan submitted with the proposal response will be included within the Agreement and the A&M System will monitor compliance and progress with all requirements. Per Texas Government Code 2161.253(d), if a determination is made that the Vendor failed to implement the plan in good faith, the A&M System, in addition to any other remedies, may bar the Vendor from further contracting opportunities with the A&M System.

For any Respondent selected and awarded a project from the pool in connection with this RFP, the Respondent may be required to properly complete a separate, project specific HUB Subcontracting Plan form which identifies the subcontracting opportunities anticipated for the scope of work as defined in that project and subcontractors anticipated to perform each subcontracting opportunity. If required, the project specific HSP will be due prior to beginning performance on the project scope of work.

https://comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:SO-HUBProgram@tamus.edu

The Texas A&M University System RFP01 SLMO-25-198 Page 16 of 32

SECTION 5 - GENERAL TERMS AND CONDITIONS

A. TERMS AND CONDITIONS: 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 A&M System determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. 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 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 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 A&M System’s 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, the 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 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. 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, 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 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

The Texas A&M University System RFP01 SLMO-25-198 Page 17 of 32 proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

I. ANTITRUST: Respondent hereby assigns to 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 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 A&M System or any of its Members, or (3) a person who employs a current or former executive head of 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 E or, in the sole discretion of 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 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 A&M System may consider Respondent’s exceptions when A&M System evaluates the Respondent’s proposal.

The Texas A&M University System RFP01 SLMO-25-198 Page 18 of 32

EXHIBIT A

EXECUTION OF OFFER

RFP01 SLMO-25-198

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 A&M System's option, may result in termination of any resulting contract or purchase order.

Addenda Acknowledgment

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

No. 1 ______ Date No. 3 ______ Date

No. 2 ______ Date No. 4 ______ 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’s 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 officer or 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);

The Texas A&M University System RFP01 SLMO-25-198 Page 19 of 32

(vii) all services to be provided in response to this RFP will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health law (Public Law 91-

596) and its regulations in effect as of the date of this solicitation;

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

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

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

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

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

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

Respondent 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…