ESBD_420413_1747345257518_SAIR-25-253 Aircraft Fleet Review RFP.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR PROPOSAL

RFP Number: RFP01-SAIR-25-253

Aircraft Fleet Review

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on May 29, 2025

EMAIL PROPOSAL RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: SAIR-25-253 Aircraft Fleet Review

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 Request for Proposals. 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 4G for more information regarding public information.

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

The Texas A&M University System RFP01-SAIR-25-253 Page 2 of 26

TABLE OF CONTENTS

SECTION 1. INTRODUCTION ____________________________________________________________ 3

SECTION 2. INSTRUCTIONS FOR RESPONDENTS _____________________________________________ 5

SECTION 3. SCOPE & PROPOSAL _________________________________________________________ 8

SECTION 4. GENERAL TERMS AND CONDITIONS ___________________________________________ 11

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance

Exhibit D – Required Contract Terms (Draft Agreement)

The Texas A&M University System RFP01-SAIR-25-253 Page 3 of 26

SECTION 1 – INTRODUCTION

1.1 Introduction

The Texas A&M University System (“A&M System”) Board of Regents is soliciting proposals for selection of a company (also referred to as “Respondent” or “PROVIDER”) to enter into an agreement to provide a review of the current aircraft fleet regarding usage, costs and future needs of the A&M System with recommendations.

The intent of this Request for Proposal (“RFP”) is to allow all Respondents to provide a proposal with a sufficient amount of information and data that will enable the Board of Regents to determine which Respondent is in fact best able to meet the criteria which are to be considered for award.

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 the A&M System or from any other source which is relied on by Respondent in the preparation of its proposal.

1.2 Background

The Texas A&M University System

The 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 A&M System educates more than 165,000 students and makes more than 25.3 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 Texas A&M University System and all of its Members can be found at the A&M System About page (https://www.tamus.edu/system/about/).

1.3 Calendar Of Events

Release of RFP ............................................................................................. May 15, 2025 Deadline for Questions ................................................................................ May 21, 2025 Deadline for Receiving Proposals ................................................................ May 29, 2025 Interview Finalists (A&M System’s Option) .................. anticipated week of June 9, 2025 Anticipated Award Date ......................................................................... by June 16, 2025

The A&M System, in coordination with the Board of Regents, will make every effort to adhere to the above schedule. The schedule, however, is subject to change. Schedule changes may be necessary for various reasons including but not limited to the need for further clarification of responses or terms of contract that are in the best interest of the A&M System, and/or in the event the A&M System, in coordination with the Board of Regents requires more time to assure that the selection of the Respondent is in accordance with its policies, rules and regulations, as well as actual timing needs.

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

The Texas A&M University System RFP01-SAIR-25-253 Page 4 of 26

1.4 Priorities/Expectations

Respondents should note the following priorities/expectations regarding the possibility of the 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 the A&M System Board of Regents in a timely, cost-effective manner. The A&M System in coordination with its Board of Regents 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 a successful project as determined by the A&M System in coordination with its Board of Regents.

(c) Financial Stability. Respondent may be requested to demonstrate its financial stability and capabilities in providing the required services through financial statements or other means of substantiation.

1.5 Performance Period

The A&M System as directed by the Board of Regents expects to initiate the scope of this RFP upon execution of a service agreement (“Agreement”), with an estimated one (1) to two (2) month timeline to complete the review. The initial term of the agreement shall be from date of execution through successful completion of the scope of work as described in Section 3. The A&M System, as directed by the Board of Regents, reserves the right to negotiate an extension beyond the initial term if additional tasks or deliverables are needed to fulfill the intent of this RFP if the need arises. Any extension must be agreed to in writing by both parties.

Note the length of the performance period may be negotiable and Respondent may propose an alternate timeline based on scope and approach.

The Texas A&M University System RFP01-SAIR-25-253 Page 5 of 26

SECTION 2 - INSTRUCTIONS FOR RESPONDENTS

2.1 General Information

Proposals shall be written and submitted in accordance with the outline and specifications contained herein, 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 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 supporting documentation submitted with this submittal 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 the 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 the existing and/or revised conditions and accepts them “as is.”

2.3 Proposal Submission Instructions

All proposals must be received by the A&M System no later than 2:00:00 p.m. Central Time, May 29, 2025, electronically via email to soprocurement@tamus.edu with the subject line of: “SAIR- 25-253 – Aircraft Fleet Review”.

The sent time indicated within the A&M System email server shall be used for the receipt and acceptance of the response. Late proposals will not be considered under any circumstances.

Proposal responses submitted in person or by facsimile (“Fax”) are not acceptable and will not be considered under any circumstances.

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 – Forms, and II) “company name – Proposal”.

mailto:soprocurement@tamus.edu

The Texas A&M University System RFP01-SAIR-25-253 Page 6 of 26

2.4 Proposal Components

The following documents are to be returned as part of your proposal response. Failure to include each of these elements and documents may be the basis for response disqualification.

I. Forms

Signed Execution of Offer (Exhibit A) Non-Collusion Affidavit (Exhibit B) signed and notarized HUB Subcontracting Plan (Section 3.6)

II. Proposal

Proposal Response (Section 3.4) Cost Proposal (Section 3.5) Example of a completed aircraft fleet review (this can be submitted as a separate attachment)

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’s 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 at soprocurement@tamus.edu. Respondent may not contact other individuals at the A&M System to discuss any aspect of this RFP, unless expressly authorized by the A&M System Procurement & HUB Program office to do so.

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 least three (3) business days prior to the Deadline for Receiving Proposals as stated in the Calendar of Events in Section 1.3.

CLICK HERE for the posting to obtain all documents related to this RFP. You may also copy and paste the following link (https://www.txsmartbuy.gov/esbd) into your browser and input Agency Number “710” and select “Posted” for the Status.

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 within Exhibit A. Any addendum issued and not acknowledged by the Respondent shall be considered accepted. Only formal written addenda issued by the 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 the Board of mailto:soprocurement@tamus.edu https://www.txsmartbuy.gov/esbd?page=1&agencyNumber=710 https://www.txsmartbuy.gov/esbd?page=1&agencyNumber=710

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Regents 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 Board of Regents. All properly submitted proposals will be reviewed and evaluated by the Board of Regents. The Board of Regents or its designees will rank the Respondents in the order that they deem provide the overall best value to the A&M System based on an evaluation of the responses to the RFP. The A&M System Board of Regents or its designee(s) may interview one or more of the top ranked Respondents as part of the evaluation process.

After proposal evaluation and such investigation of Respondents as the Board of Regents deems appropriate, an award may be made to the Respondent whose proposal it judges to represent the best value to the A&M System. In determining what is the best value, the Board of Regents may consider (as applicable) but is not limited to the following: proposed costs; reputation of the Respondent; qualifications and experience; extent to which the services offered meets the needs of the A&M System; Respondent's past relationship with A&M System; impact on the ability of A&M System to comply with statutes and objectives relating to utilization of historically underutilized businesses; and any other relevant factor that the Board of Regents deems relevant and would consider in selecting a Respondent for award. Final determination for award of the contract will be made on the overall best value to the A&M System.

By submitting its proposal in response to this RFP, Respondent accepts the evaluation process and acknowledges and accepts that determination of the best value Respondent will require subjective judgments by the Board of Regents.

The selection of the successful Respondent may be made by the Board of Regents on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal may be made by the Board of Regents on the basis of negotiation with any of the Respondents. The 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, the 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.

The A&M System may perform reference checks and seek further information, as needed from all Respondents whose proposals the BOR, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes the A&M System to contact any references provided in Section 3.4 to discuss the services and other considerations which the Respondent has provided to such references and authorizes the organizations to provide such information to the A&M System and Respondent shall and hereby does release and hold harmless the A&M System, the state of Texas, and the references 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.

The Board of Regents 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.

The 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.

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SECTION 3 – SCOPE & PROPOSAL

3.1 Scope

The objective of this RFP is to identify and select a qualified company to perform a review of the current aircraft fleet regarding usage, costs and future needs of the A&M System with recommendations.

Background. The Board of Regents is seeking to understand comprehensively the current aircraft fleet and resources of the Office of System Aircraft to make data-informed decisions regarding the future needs of the A&M System.

Approach. We expect this work will be accomplished through expert fact-based analysis and data-driven research with a phased approach and appropriate deliverables at the end of each phase. The resulting deliverables will be relied upon by the Board of Regents and the conclusions and recommendations must be substantiated and reliable.

3.2 System Aircraft Background

The Office of System Aircraft (SAIR) manages all operations of the A&M System aircraft fleet.

Below is information on the current fleet and current resources of SAIR.

SAIR operates one Citation XLS (12AM) and two Beechcraft KingAir 200 (90AM, 96AM) aircraft to meet the travel needs for the University System, the University in College Station, the 11 state universities & 8 state agencies. Operating on a 24/7 basis, we employee 6 full-time Captains, a full-time scheduler, and 8 contract co-pilots

3.3 Qualifications

The Board of Regents are seeking a company for this engagement that possesses the necessary experience and qualifications as it relates to the economics and efficiencies of owning and operating a fleet to support the needs of the A&M System. As such the Respondent shall possess and demonstrate within their proposal the following qualifications:

1. Awareness of the complexity and breadth of the travel needs of the Board of Regents, the A&M System and its member universities and agencies.

2. Ability and capacity to perform comprehensive analysis, both financial and operational, and provide recommendations.

3. Understanding of current policies and regulations of the A&M System as it relates to the scope of this RFP.

3.4 Proposal Response

Respondents must be able to demonstrate the ability and capacity to successfully complete a review for the scope of this RFP. The following items at a minimum shall be addressed:

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

b. Describe the ability and capacity to complete the scope as stated in Section 3.1.

c. Highlight the capabilities and experience of your company as it relates to each of the Qualifications stated in Section 3.3.

d. Provide information on the tasks your company deems necessary to meet the objectives https://www.tamus.edu/legal/policy/policy-and-regulation-library/

The Texas A&M University System RFP01-SAIR-25-253 Page 9 of 26 and scope of this RFP. This shall include a proposed approach with methodologies and a plan of action to complete the review.

e. Provide a list of proposed deliverables that will allow the Board of Regents to meet the objective of the scope as stated in Section 3.1.

f. Provide a timeline for completion of the scope as stated in Section 3.1. This may be stated in phases, deliverables or other categories to better define the expectation for progress made throughout the term of the Review.

g. Provide information regarding the proposed team to include defined roles and responsibilities, and strengths and relevant experience of the proposed team assigned to this engagement to include resumes (single page limit for each).

h. If available, provide one example review from a past similar engagement completed within the last 5 years. This example may be submitted as a separate pdf file.

i. Respondent shall provide four (4) references from similar engagements within the last 5 years. Each reference shall include the entity name, contact person (name, title, phone number, email address), and a general description of the completed scope and services provided.

3.5 Cost Proposal

• Total aggregate cost for completion of the review as outlined in Section 3.1 broken down by phases as applicable. For any scope considered as optional or proposed as value added services, those shall be listed separately.

• Include a proposed payment plan based on the costs as presented in the breakdown of the total aggregate cost.

3.6 Historically Underutilized Business Plan 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 contracts and subcontracting. The goal of the HUB Program is to promote equal access and equitable opportunity in A&M System contracting and purchasing.

Subcontracting opportunities are defined as those opportunities contracted with a vendor to work, to supply commodities, or contribute toward completing work for a governmental entity.

Each Respondent shall indicate what portion(s) of the scope they anticipate to subcontract, if any.

The Respondent is required to submit a properly completed HUB Subcontracting Plan (“HSP”) form for the scope defined within this RFP.

The HUB participation goal for this RFP is 11% and every effort shall be made to meet this goal.

Failure to submit a properly completed HSP may be considered a material failure to comply with the requirements of this RFP and may result in rejection of the response.

HSP FORM REQUIREMENTS

The HSP form shall be completed in accordance with the instructions outlined on the form, which can be found here: A&M System HSP form. The HUB goal stated within this RFP shall take precedence over any standard goal stated on the HSP form. The Respondent shall perform a Good Faith Effort, as applicable, and fulfill the requirements as stated in the HSP form. The Respondent https://assets.system.tamus.edu/files/budgets-acct/pdf/hub_reports/HSP_FY23.pdf

The Texas A&M University System RFP01-SAIR-25-253 Page 10 of 26 shall list each anticipated subcontracting opportunity, if any, in Section 2b on the HSP form and complete the applicable attachment (Method A or Method B).

ADDITIONAL INFORMATION & ASSISTANCE

For more information or assistance in properly completing this requirement of this RFP, the Respondent may contact the HUB Program Office at SO-HUBProgram@tamus.edu. The Respondent may also submit a draft of their team’s HSP form prior to submittal of their response to the RFP for review. All drafts should be submitted at least five (5) business days prior to the RFP due date.

mailto:SO-HUBProgram@tamus.edu

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SECTION 4 - 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 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

The Texas A&M University System RFP01-SAIR-25-253 Page 12 of 26 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. EXECUTIVE ORDER GA-48 CERTIFICATION: Respondent certifies that pursuant to Executive Order GA- 48, Hardening of State Government, Respondent is not and, if applicable, none of its holding companies or subsidiaries are a) listed in Section 889 of the 2019 National Defense Authorization Act (“NDAA”) regarding telecommunications and video surveillance; b) listed in Section 1260H of the 2021 NDAA regarding Chinese military companies in the US; c) owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4 (“15 C.F.R. § 791.4 List”); or d) controlled by any governing or regulatory body located in a country on the 15 C.F.R. §

791.4 List. Respondent acknowledges that a false certification is grounds for immediate termination of any resulting contract or purchase order with no further obligation on the part of A&M System.

L. 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.

M. 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-SAIR-25-253 Page 13 of 26

EXHIBIT A

EXECUTION OF OFFER

RFP01-SAIR-25-253

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 the 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 the 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 its response to the RFP;

(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 the A&M System;

(v) Respondent has not been an employee of the 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-SAIR-25-253 Page 14 of 26

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

(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 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;

(xii) under Section 2155.006, 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;

(xiii) under Section 2155.0061, Texas 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 Agreement may be terminated and payment withheld if this certification is inaccurate; and

(xiv) Respondent warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver this RFP and any contract which may result from the submission of its response to this RFP.

Respondent shall provide their Federal Employer Identification Number (“EIN”), full vendor name, address and contact information as requested in the spaces below. Failure to manually sign or with electronic signature (i.e.

DocuSign or Adobe Sign) in the Authorized Signature line below will disqualify the proposal response. The person signing shall show title or authority to bind his/her firm into a contractual relationship.

Federal EIN/Taxpayer ID #: ____________________________________________________

Vendor/Company Name: ______________________________________________________

Authorized Signature: ________________________________________________________

Date Signed: _______________________________________________________________

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-SAIR-25-253 Page 15 of 26

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 the A&M System or any employee thereof, or any person, firm or corporation under contract with the A&M System whereby the Respondent, in order to induce acceptance of the foregoing Proposal by said the 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 the 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 the A&M System, nor any officer, employee, or person, whose salary is payable in whole or in part by the 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 _______________________

Subscribed and sworn to before me this

__________ day of ________________, 2025.

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

___________________. My commission expires: __________________________

The Texas A&M University System RFP01-SAIR-25-253 Page 16 of 26

EXHIBIT C

INSURANCE

A. PROVIDER shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. 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 PROVIDER under this Agreement. PROVIDER shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. PROVIDER 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.

1. Worker’s Compensation

Worker’s compensation insurance with the following minimum limits of coverage:

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.

3. Commercial General Liability

Commercial general liability insurance with the following minimum limits of coverage:

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 must be issued on a form that insures PROVIDER’s or its subcontractors’ liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.

B. PROVIDER shall deliver to A&M System evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the

The Texas A&M University System RFP01-SAIR-25-253 Page 17 of 26 execution and delivery of this Agreement and prior to the performance of any services by PROVIDER under this Agreement. PROVIDER shall provide additional evidence of insurance on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal.

C. Commercial General Liability and Auto Liability policies must be endorsed to name The Texas A&M University System Board of Regents (“Board of Regents”) and The Texas A&M University System as additional insureds up to the actual liability limits of the policies maintained by PROVIDER. The commercial general liability additional insured endorsements must include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial general liability and business auto liability policies must be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.

D. All insurance policies must be endorsed to provide a waiver of subrogation in favor of the Board of Regents and A&M System.

E. All insurance policies will be endorsed to require the insurance carrier providing coverage to send notice to A&M System ten (10) days prior to the effective date of cancellation, material change, or non-renewal relating to any insurance policy.

F. Any deductible or self-insured retention must be declared to and approved by A&M System prior to the performance of any services by PROVIDER under this Agreement. PROVIDER shall pay any deductible or self-insured retention for any loss. All deductibles and self-insured retentions must be shown on the certificates of insurance.

G. Certificates of Insurance and Additional Insured Endorsements as required by this Agreement will be emailed to the following A&M System contact in SOProcurement@tamus.edu.

H. The insurance coverage required by this Agreement must be kept in force until all services have been fully performed and accepted by A&M System in writing.

I. Certificate Holder should read as follow:

The Board of Regents for and on Behalf of The Texas A&M University System The Texas A&M University System 301 Tarrow St.

College Station, TX 77840 mailto:SOProcurement@tamus.edu

The Texas A&M University System RFP01-SAIR-25-253 Page 18 of 26

EXHIBIT D

REQUIRED CONTRACT TERMS

DRAFT – DO NOT EXECUTE

SERVICES AGREEMENT

BY AND BETWEEN

THE TEXAS A&M UNIVERSITY SYSTEM

AND ________________

This Services Agreement (“Agreement”) is entered into and effective ___________ (the “Effective Date”), by and between __________________________, an agency of the state of Texas (hereafter referred to as “A&M System”), and _____________ [Insert PROVIDER’s complete legal name], a ________ [Insert type of entity, such as corporation, limited liability company, partnership, and state of incorporation; remove this reference if contracting with an individual] (hereafter referred to as “PROVIDER”). A&M System and PROVIDER are sometimes hereafter referred to as “Party” individually or “Parties” collectively.

A&M System and PROVIDER hereby agree as follows:

1. SCOPE OF WORK

PROVIDER will perform the services as set forth in Exhibit A, Scope of Work, attached hereto (“Services”), in accordance with the terms and subject to the conditions contained in this Agreement.

2. PROVIDER OBLIGATIONS

A. PROVIDER will perform the Services in accordance with the standards of care, skill, and diligence expected of a qualified, competent and experienced professional in the provision of the type of services required under this Agreement.

B. PROVIDER will perform the Services substantially in accordance with PROVIDER’s marketing materials and documentation, including without limitation, any user guides, technical specifications, training materials, instructions, documented policies or other written materials regarding the Services that are posted, delivered or otherwise made available by PROVIDER to A&M System.

C. PROVIDER will obtain, maintain in effect, and pay the cost for all licenses, permits, or certifications that may be necessary for PROVIDER’s performance of this Agreement.

D. PROVIDER represents and warrants that there are no obligations, commitments, third party rights, or impediments of any kind that will limit or prevent PROVIDER’s performance of the Services.

3. TERM AND TERMINATION

A. This Agreement will commence on the Effective Date and continues through ___________ (the “Term”), unless earlier terminated as provided herein. The Term of the Agreement may be extended for _____ (__) additional _______ (__) year periods upon mutual written agreement executed by the Parties, provided that the total term of the Agreement shall not exceed five (5) years.

B. In the event of a breach of a material term of this Agreement by a Party, the non-defaulting Party may terminate this Agreement upon _____ (__) days’ prior written notice to the other Party detailing the nature of the breach and the other Party fails to fully cure

The Texas A&M University System RFP01-SAIR-25-253 Page 19 of 26 the breach within such ___-day period. In the event that A&M System terminates this Agreement pursuant to this Section, A&M System shall receive a pro-rata refund of any pre-paid amounts.

C. A&M System may terminate this Agreement without cause upon _____ (__) days’ prior written notice to PROVIDER.

D. A&M System may immediately terminate this Agreement if (i) the PROVIDER’s insurance coverage required under this Agreement is cancelled or non-renewed; or (ii) the PROVIDER declares bankruptcy, is placed into involuntary bankruptcy or receivership or becomes insolvent.

4. PAYMENT TERMS

A. In full consideration for the Services rendered by PROVIDER under this Agreement, A&M System shall pay PROVIDER in accordance with the terms set forth in Exhibit B, Payment Terms, attached hereto. The total compensation to PROVIDER under this Agreement will not exceed ______ dollars ($____) without an amendment to this Agreement.

B. PROVIDER will submit monthly invoices to A&M System. Each invoice must reference the A&M System purchase order number (which will be provided to PROVIDER within 15 days of the execution of this Agreement) and include a description of services provided to include but not limited to time, deliverables, and activities along with documentation that A&M System may reasonably request to support the invoice amount. A&M System will make payment on a properly prepared and submitted invoice in accordance with Chapter 2251, Texas Government Code (the “Texas Prompt Payment Act”), which shall govern remittance of payment and remedies for late payment and non-payment.

C. For reasonable business-related travel, lodging and/or meal expenses validly incurred directly and solely in support of the Services and approved by A&M System in advance, PROVIDER will be reimbursed by A&M System according to the State of Texas rates, rules, and regulations (https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php).

When requesting such reimbursement, PROVIDER will submit to A&M System…