ESBD_431380_1750970470567_715-25-06 - RFQ - Consulting Services Fundraising.pdf

Prairie View A&M University RFQ #715-25-06 Consulting Services Fundraising Page 1 of 22

OFFICE OF PROCUREMENT AND DISBURSMENT SERVICES

REQUEST FOR QUALIFICATIONS

(RFQ) SOLICITATION # RFQ 715-25-06

for Consulting Services Fundraising

PROPOSAL MUST BE RECEIVED ON OR BEFORE:

2:00 p.m., Central Standard Time (CST) on July 16, 2025

Proposal responses must be received by Prairie View A&M University (PVAMU), Procurement and Contract Administration, before the date and time specified for receipt of proposal as stated within Submittal Instruction referenced in Section 4.1 of this solicitation. After the due date and time, only the names of respondents will be made public.

All proposals shall become the property of PVAMU and the State of Texas upon receipt. Proposals may be subject to public review after contracts have been executed. Refer to Government Code Title 10, Chapter

2156.121 - 2156.127, for more information regarding confidential and proprietary information.

REFER INQUIRIES TO POINT OF CONTACT

Primary- Greg Iacopetti Alternate- Roderick Randle

Prairie View A&M University

Procurement and Contract Administration email: solicitations@pvamu.edu

Telephone: 936-261-1902

MAIL PROPOSAL TO:

Prairie View A&M University Procurement and Contract Administration PO Box 51, MS 1311 Prairie View, TX 77446-0519

EXPRESS MAIL OR HAND

DELIVER TO:

Prairie View A&M University

Procurement and Contract Administration W.R. Banks Bldg., STE. #115 140 L.W. Minor Street mailto:solicitations@pvamu.edu

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Table of Contents

Section 1 Introduction…… History and Background Schedule of Events Scope of Work and Technical Specification Requirements…… Technical Specification Requirements……

Section 2 Contract Award…

Section 3 Evaluation Criteria for Award

Section 4 General Information

Section 5 Terms and Conditions

Section 6 Execution of Offer

Section 7 Non-Collusion Affidavit

Appendix A – Insurance Requirements …………………………………………………………………………

Attachment A – HUB Subcontracting Plan ………………………………….……………………………………….……….22

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SECTION 1

INTRODUCTION

1.0 Introduction

Prairie View A&M University (PVAMU), a state agency and member of the Texas A&M University System (TAMU) is accepting proposals and intends to enter into a contract agreement for Fundraising Consulting Services on PVAMU’s Main campus (100 University Dr, Prairie View, TX 77446), N.W. Houston Center Campus (9449 Grant Rd. Houston, TX 77070), College of Nursing Campus (6436 Fannin St. Houston TX 77030) as set forth within this solicitation.

By submitting responses, each respondent certifies that it understands this RFQ and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each respondent also certifies that it understands that all costs relating to preparing and responding to this RFQ will be the sole responsibility of the respondent.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFQ

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL SOLICITATION REQUIREMENTS AS

DIRECTED.

1.1 History and Background

Founded in 1876, PVAMU is the second oldest public institution of higher education in the state of Texas. A Member of The Texas A&M University System (TAMUS), PVAMU is a land-grant university authorized under the Morrill Acts of 1862 and 1890. The main campus is situated on a 1,509-acre site accessible by state highway 290 in Waller County, approximately 40 miles northwest of Houston. The University also operates its Northwest Houston Center located at 9449 Grant Road in Houston, Texas, and its College of Nursing located at 6436 Fannin in Houston, Texas. PVAMU is a state institution serving a diverse ethnic and socioeconomic population and is committed to preparing the citizens of Texas in a range of careers including but not limited to engineering, computer science, natural sciences, architecture, business, criminal justice, humanities, education, agricultural and human sciences, nursing, mathematics, and social sciences. The University is dedicated to fulfilling its land-grant mission of achieving excellence in teaching, research, and service. It is committed to achieving relevance in each component of its mission by addressing issues and proposing solutions through programs and services designed to respond to the needs and aspirations of individuals, families, organizations, agencies, schools, and communities – both rural and urban.

PVAMU target service area for offering undergraduate and graduate programs of study includes the Texas Gulf Coast Region, the rapidly growing residential and commercial area known as the Northwest Houston Corridor, and urban Texas centers likely to benefit from PVAMU specialized programs and initiatives in nursing, juvenile justice, architecture, education, and social work. PVAMU public service programs, offered primarily through the Cooperative Extension Program, targets both rural and urban communities in Texas. PVAMU research focus include extending knowledge in all disciplines offered and incorporating research-based experiences supporting the academic development of both undergraduate and graduate students. PVAMU was designated an “1890 land-grant institution” via the Justin Morrill Land-Grant Act for the agricultural education of Blacks in the then-segregated Southern states. PVAMU was also selected by Money Magazine as “Best Value Education”.

1.2 Schedule of Events

All interested respondents are advised that the schedule of events is a “Tentative Timetable”, which may require amended or extended as needed.

Tasks Dates

Release Date ................................................ ............................ ........................... June 26, 2025 Deadline for Questions ................................. ............................ ........................... July 8, 2025 5:00 p.m., CST Posting mailing Addendum and Response to Inquiries .............. ........................... July 10, 2025 Deadline for Receipt of Proposal ................. ............................ ........................... July 16, 2025, 2:00 p.m., CST Demonstration and Presentation of Selected Respondent ........ ............................. To Be Announced Contract Award ............................................. ............................ ........................... August 08, 2025

1.3 Scope of Work and Technical Specification Requirements

PVAMU is seeking proposals and intends to enter into an agreement with a reputable, experienced and qualified firm to provide consulting services in fundraising on behalf of the University to ensure prospective research, board development, Prairie View A&M University RFQ #715-25-06 Consulting Services Fundraising Page 4 of 22 moves management, and stewardship. The objective of this RFQ is to secure a contract with a consulting firm that will strengthen PVAMU’s fundraising capabilities and advance its development initiatives.

All interested respondents are expected to submit a comprehensive proposal that includes the following:

• A clearly defined approach, methodology, and work plan for the proposed service areas outlined in Section 1.4.

• Examples of previous work history, including relevant case studies that demonstrate the respondent’s experience and proven success in similar consulting services with other Universities or public entities.

• Biographies and resumes of qualifications of key personnel who will be directly involved with the resulting contract, emphasizing their relevant expertise and experience.

• A detailed project plan outlining key milestone, deliverables, and the expected completion date for each component of the scope of work.

• A comprehensive breakdown of projected costs associated with the proposed services.

The document provides sufficient information to enable interested respondents to prepare and submit comprehensive proposals for the University's consideration. All services must be performed in compliance with the solicitation’s terms and conditions, requirements, and specifications as detailed in this RFQ.

1.4 Technical Specification Requirements

1.4.1 Prospect Research

• Conduct extensive and thorough research to identify potential donors and funding sources aligned with PVAMU's mission and goals.

• Analyze donor data to provide actionable insights and strategic recommendations for targeted fundraising efforts.

• Create and maintain comprehensive donor profiles and a robust database of prospective donors to ensure effective tracking and engagement.

1.4.2 Board Development

• Design and deliver training and professional development programs for current and newly appointed board members to enhance their governance and leadership capabilities.

• Facilitate board retreats and strategic planning sessions aimed at aligning board activities with the university's long-term goals and strategic vision.

1.4.3 Moves Management

• Provide recommendations for the development and implementation of an effective moves management system to systematically track and manage donor interactions and engagement throughout the donor lifecycle.

• Provide expert guidance on cultivation and stewardship strategies to strengthen and advance donor relationships.

• Develop and analyze donor engagement metrics.

• Generate comprehensive reports to inform, implement and optimize future fundraising initiatives.

1.4.4 Stewardship

• Provide recommendations for the development and implementation of a comprehensive donor stewardship plan that fosters long-term engagement and philanthropic investment.

• Design strategies to enhance donor recognition programs, including naming opportunities, impact reports, and exclusive donor engagement events.

• Provide best practices guidelines for continuous donor engagement and relationship building through personalized stewardship initiatives.

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1.4.5 Philanthropy Task Force

• Assist University leadership in full deployment of a Philanthropy Taskforce comprising university leadership, advancement professionals, and key stakeholders to oversee and guide strategic fundraising efforts.

• Conduct training sessions for university leadership and advancement staff to strengthen donor-centric approaches and enhance fundraising effectiveness.

1.4.6 Feasibility Study for a Comprehensive Campaign

• Conduct a thorough feasibility study to assess PVAMU’s readiness for a comprehensive fundraising campaign.

• Engage key stakeholders, including university leadership, faculty, alumni, corporate partners, and major donors, to obtain feedback and to gauge philanthropic interest and capacity.

• Identify potential fundraising priorities, campaign goals, and key messaging strategies based on institutional needs and donor feedback.

• Provide benchmarking analysis and industry best practices to inform campaign planning and execution.

• Develop and provide a detailed report on the feasibility study results, and with strategic recommendations, timeline considerations, and projected outcomes to guide PVAMU’s campaign planning process.

1.4.7 Strategic Plan Development

• Define the mission and vision for the Division of Advancement and align it with the University's Mission and Vision for the Journey to Eminence Ten (10) Year Strategic Plan: Clarify the purpose and long-term goals of the organization.

• Conduct a SWOT Analysis (i.e., Evaluate Strengths, Weaknesses, Opportunities, and Threats) to understand the current position of the University.

• Engage stakeholders: Involve key participants in discussions to gather insights and foster buy-in.

• Set strategic objectives: Identify specific, measurable goals that align with the mission and vision.

• Develop action plans: Outline detailed steps and initiatives needed to achieve the strategic objectives.

• Allocate resources: Determine the necessary budget, personnel, and tools required for implementation.

• Establish a timeline: Create a schedule with milestones to track progress and ensure timely completion.

• Monitor and evaluate: Implement mechanisms to review progress, assess outcomes, and adjust plans as needed.

• Communicate the plan: Share the strategic plan with all stakeholders to ensure understanding and commitment.

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SECTION 2

CONTRACT AWARD AND TERM

2.0 Contract Award and Term

2.1 Contract Award

PVAMU intends to award one (1) contract and enter into an agreement with the successful respondent based on the RFQ solicitation requirements, the respondent’s proposal, and best value considerations as determined by the University.

2.2 Contract Term

The intent of the contract agreement is to be in effect for a period of one (1) year with options to renew annually.

Options to renew the proposed contract may include four (4) additional one (1) year options as determined by the University.

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SECTION 3

EVALUATION CRITERIA FOR AWARD

3.0 Evaluation Criteria for Award

3.1 Evaluation Information

By submitting a proposal, all interested respondents acknowledge and accept: [a]the evaluation process,; [b] the evaluation factors; [c] the scope of this engagement (Section 1); [d] the terms and conditions of the solicitation and subsequent contract agreement (Section 5); [e] all other requirements and specifications set forth in this RFQ; and [e] that some subjective evaluation made by PVAMU during this RFQ process.

All respondent proposals must be complete and convey all of the information requested to be considered responsive. If the proposal fails to conform to the essential requirements of the RFQ, PVAMU 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 to being made acceptable and therefore not considered for award.

PVAMU will utilize an evaluation team for the evaluation of all responsive proposals. PVAMU will evaluate and make the award on the proposal that is determined to be the “Best Value” to the State based on the evaluation criteria listed here-in.

Should PVAMU be unable to agree and negotiate final contract terms and conditions with the highest-ranking selected respondent, PVAMU will then negotiate with the second highest-ranking selected respondent. As applicable, PVAMU, at its discretion, may reissue the solicitation with the same or modified version of the solicitation requirements.

Note: PVAMU reserves the right to reject any and all proposals.

3.2 References

All interested respondents’ proposals shall include a list of three (3) client references of services comparable in type and scope of service in this solicitation in the last five (5) years. Clients of higher education institutions or public entities are preferred. The reference list shall include the: 1) entity’s name; 2) point of contact’s name; and 3) telephone number and email address of the contact person.

PVAMU reserves the right to contact the identified references to verify that similar services were provided, and to inquire about the reliability of the proposer’s performance history.

3.3 Evaluation Criterion

Each proposal shall be evaluated on the ability to meet the university’s minimum requirements in the solicitation, and to provide the best value to PVAMU. Respondents’ proposals shall be evaluated by assigning points to each of the identified factors below. The maximum number of points that can be assigned to each criterion are as follows:

Technical Evaluation Criteria Possible Points Experience and Expertise of the Vendor 40 Proposed Cost of Services 10 Proposed Methodology and Approach 25

References 15 Responsiveness (includes all required forms) 10

TOTAL POINTS 100

3.4 On-site Demonstration and Presentation

During evaluation, PVAMU may request an on-site demonstration and presentation of selected respondents. The evaluation team may consider the demonstrations and presentations in the evaluation process. The purpose of the on-site demonstration and presentations is for clarification or to amplify the materials presented in any part of the respondent’s proposal submission. PVAMU may request clarifications, as needed, during the evaluation process. However, all respondents’ submissions should be complete and reflect the respondent’s most favorable proposal response and offer.

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Once the technical evaluations are completed, PVAMU will determine whether demonstrations and presentations are required. If applicable, only the highest-ranking and selected respondents will be notified of the scheduled date and time for demonstrations and presentations, as outlined in the Schedule of Events in Section 1 of this solicitation. The evaluation team will assess each respondent’s demonstration and presentation based on the criteria listed below, with the corresponding point values assigned to each evaluation factor.

Demonstration and Presentation of Selected Respondents Only Possible Points Demonstration and Presentation 30 Clarifications of Proposal Requirement 20

TOTAL POINTS 50

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SECTION 4

GENERAL INFORMATION

4.0 General Information

4.1 Submittal Instructions

4.1.1 Proposals including Execution of Offer (Section 6) and Conflict of Interest/Non-Collusion Statement Form (Section 7) must be signed by Respondent’s company official authorized to commit such proposals. Failure to sign the Execution of Offer and Conflict of Interest/Non-Collusion Statement Form will be basis for proposal disqualification.

4.1.2 Completed proposal responses may be submitted either U.S. Postal Service, hand deliver or express mail.

Option 1 U.S. Postal Service:

• Prairie View A&M University

PO Box 51, MS 1311

Option 2 Express mail or hand delivered:

W.R. Banks Bldg., STE. #115 140 L.W. Minor Street

It is the responsibility of each respondent to this invitation to ensure his/her proposal package is received at the location referenced above and by the required time, as stated in Section 1.3. Late submittals will only be considered according to the exception as described in 4.1.3. Proposal submittals received by telephone, facsimile (Fax) and/or electronic mail (E-mail) are not acceptable under any circumstances.

4.1.3 Based on PVAMU need for the products and/or services stated in this RFQ, PVAMU reserves right to accept proposal submissions after the due date stated in Section 1.3. Any company submitting qualifications for possible inclusion after the due date will be required to submit the same information and documents as stated in Section

4.5. PVAMU will follow the same process described in Section 3.1 to determine, in its sole discretion, whether or not to include a company for any submission beyond the due date of this RFQ.

4.1.4 Proposals shall not exceed a maximum of forty (40) printed pages. The cover letter, table of contents, divider sheets, HUB Subcontracting Plan, Execution of Offer, and Non-Collusion Affidavit do not count toward this maximum count.

Proposals shall be printed on letter-size (8 ½” x 11”) paper with all pages numbered sequentially using Arabic numerals (1, 2, 3, etc.). The respondent is not required to number the pages of the HUB Subcontracting Plan.

The proposal shall be assembled with spiral-type bindings. DO NOT USE METAL-RING HARD COVER

BINDERS.

Five (5) complete hard copies and one (1) complete electronic copy of the submittal shall be prepared simply and economically, providing a straightforward, concise description of the respondent's ability to meet the requirements of this RFQ. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of PVAMU's needs.

The electronic copy shall be in Adobe Portable Document Format (PDF) format on a thumb-drive and placed in a sealed envelope with the name of the proposing organization written across the front and attached or affixed inside the front cover of the original document. We prefer that image files are inserted as part of a document. Individual image files on the drive must be clearly named and referenced in your proposal response.

An unreadable DRIVE due to incorrect format may reflect negatively on your proposal. In the

Prairie View A&M University RFQ #715-25-06 Consulting Services Fundraising Page 10 of 22 event your company is unable to provide a readable DRIVE in the requested format, then six (6) complete hard copies of your response must be submitted.

NOTE: The electronic signature on the one (1) ONE required electronic copy will serve as the official signature of record for all hard copies.

Proposal package (box/carton) must indicate on the lower left-hand corner the submitter’s company name, the proposal opening date, and RFQ number.

4.2 Question and Answer Period

PVAMU specifically requests that respondents restrict all contact and questions regarding this RFQ to PVAMU’s designated Point of Contact as provided on the cover page. The deadline for questions is July 8, 2025, 5:00 p.m., Central Standard Time (CST). All questions and answers will be posted to the Electronic State Business Daily (ESBD) http://www.txsmartbuy.com/sp site no later than the date specified within the Schedule of Events (Section 1.3).

4.3 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFQ will be issued in writing by addendum and e-mailed or mailed to all parties recorded by PVAMU as having requested a copy of the RFQ. All such addenda issued by PVAMU prior to the time that proposals are received shall be considered part of the RFQ solicitation, and all respondents shall consider and acknowledge receipt of such with their proposal.

Only those PVAMU replied to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect, or non-binding.

4.4 Electronic State Business Daily Website (ESBD)

It is the responsibility of interested vendors to regularly check the ESBD at the link below for any possible addenda to this solicitation. The RFQ is inclusive of all addenda issued.

• http://www.txsmartbuy.com/sp

4.5 Proposal Components

The following documents are to be returned as part of your proposal submittal as identified within the solicitation:

Signed Execution of Offer, References, Technical Proposal Response, Non-Collusion Affidavit, Price/Cost Proposal, and, Any Addendums, with signature, when applicable.

http://www.txsmartbuy.com/sp http://www.txsmartbuy.com/sp

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SECTION 5

TERMS AND CONDITIONS

5.1 Terms and Conditions

Prairie View A&M University Standard Terms and Conditions, as well as any additional terms and conditions provided here-in, in all aspects govern and control any Agreement issued as a result of this solicitation.

Additional or attached terms and conditions which are determined to be unacceptable to Prairie View A&M University may result in the disqualification of your proposal. Examples include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies.

5.2 General

These General Terms and Conditions shall be made a part of and govern any Agreement/Purchase Orders resulting from this Request for Qualification (RFQ).

Each response should be prepared simply and economically, providing a straightforward and concise description of the respondent’s ability to meet the requirements of this RFQ. Emphasis should be on completeness, clarity of content and responsiveness to the offer requirements.

In accordance with the Texas Education Code 51.9335, Prairie View A&M shall make the award based on, but not limited to, the following best value criteria:

• The purchase price; The reputation of the vendor and of the vendor's goods or services;

• The quality of the vendor's goods or services;

• The extent to which the goods or services meet the institution's needs;

• The vendor's past relationship with the institution;

• The impact on the ability of the institution to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities;

• The total long-term cost to the institution of acquiring the vendor's goods or services;

• Any other relevant factor that a private business entity would consider in selecting a vendor; and,

• The use of material in construction or repair to real property that is not proprietary to a single vendor unless the institution provides written justification in the request for bids for use of the unique material specified.

Additionally, all respondents are hereby notified that Prairie A&M shall consider all factors it believes to be relevant in the determination of the “Best Value” including, but not limited to: past experience, references, proposal, and price. Prairie View A&M’s decision is final.

All respondents’ proposals are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

5.3 Final Review and Approval

Failure to comply with the requirements contained in this Request for Qualifications may result in the rejection of the proposal.

Proposals which are qualified with conditional clauses, alterations, items not called for in the RFQ documents, or irregularities of any kind are subject to disqualification by Prairie A&M at its option.

5.4 Definitions

Whenever the following terms are used in these General Terms and Conditions or in other documents the intent and meaning shall be interpreted as follows:

• RFQ shall mean Request for Qualifications.

• Proposal shall mean Respondents offer

• Prairie View A&M / PVAMU shall mean Prairie View A&M University and other system parts.

• Respondents / Vendor / Contractor / Proposer shall mean the individual, partnership, corporation, or other entity awarded an agreement for labor or for equipment & supplies under this RFQ in accordance with the terms, conditions, and requirements herein.

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• Agreement shall mean an agreement, documented by written instrument, between Prairie A&M University and the successful respondent to provide products/services as requested to Prairie View A&M in Prairie View, Texas.

5.5 Governing Law

The validity of a resultant agreement and all matters pertaining to a resultant Agreement, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas.

5.6 Venue

Pursuant to Section 85.18(b), Texas Education Code, mandatory venue for all legal proceedings against PVAMU is to be in the county in which the principal office of PVAMU’s governing body, which in this case is Waller County.

5.7 Public Information Act

All information, documentation and other material submitted by RESPONDENT under this proposal is subject to public disclosure under the Public Information Act (Texas Government Code, Chapter 552).

RESPONDENT shall be deemed to have knowledge of this law. All information, documentation and other material submitted by RESPONDENT under this proposal is subject to public disclosure under the Public Information Act (Texas Government Code, Chapter 552). RESPONDENT shall be deemed to have knowledge of this law

A. RESPONDENT acknowledges that PVAMU is obligated to strictly comply with the Public Information

Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law.

B. Upon PVAMU’s written request, RESPONDENT will promptly provide specified contracting information exchanged or created under this Agreement for or on behalf of PVAMU to PVAMU in a non-proprietary format acceptable to PVAMU this is accessible by the public.

C. RESPONDENT acknowledges that PVAMU may be required to post a copy of the fully executed

Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

D. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this agreement and all respondents agree that the agreement can be terminated if any respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

All respondents responding to this RFQ are cautioned not to include any proprietary information as part of their proposal unless such proprietary information is carefully identified as such in writing, and the University accepts, in writing, the information as proprietary.

5.8 Default of Contract

In the event that the Vendor fails to carry out or comply with any of the terms and conditions of the final contract agreement with Prairie View A&M, the University may notify the vendor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the seller fails to remedy such failure or default within the ten (10) day period, Prairie View A&M shall have the right to cancel the agreement upon thirty (30) days written notice.

The cancellation of the agreement, under any circumstances whatsoever, shall not affect or relieve vendor from any obligation or liability that may have been incurred or will be incurred pursuant to the agreement and such cancellation by Prairie View A&M shall not limit any other right or remedy available to Prairie View A&M at law or in equity.

5.9 Termination

5.9.1 For Convenience:

The agreement may be terminated, without penalty, by Prairie View A&M without cause by giving thirty (30) days written notice of such termination to the seller.

5.9.2 In no event shall such termination by Prairie View A&M as provided for under this Section give rise to any liability on the part of Prairie View A&M including, but not limited to, claims of Vendor for compensation for

Prairie View A&M University RFQ #715-25-06 Consulting Services Fundraising Page 13 of 22 anticipated profits, unabsorbed overhead, or interest on borrowing. Prairie View A&M’s sole obligation hereunder is to pay Vendor for products and/or services ordered and received prior to the date of termination.

5.9.3 Prairie View A&M reserves the right to immediate cancellation, without penalty, due to non-performance

5.10 Publicity

The selected respondent/vendor agrees that it shall not publicize this agreement or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of Prairie View A&M’s name in connection with any sales promotion or publicity event without the prior express written approval of Prairie View A&M.

5.11 Non-Waiver of Defaults

Any failure of Prairie View A&M at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of Prairie View A&M at any time to avail itself of same.

5.12 Time of Performance

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

5.13 Entire Agreement

Any resultant agreement constitutes the entire and only agreement between the Parties hereto and will supersede any prior understanding, written or oral agreement between the Parties, or “side deals” which are not described in resultant agreement. A resultant agreement may only be amended by a subsequent written agreement signed by authorized representatives of both parties.

5.14 Warranties

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

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

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

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

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

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

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

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

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

Electronic and Information Resources (EIR) accessibility requirements and technical standards from Texas Administrative Code, Title 1, Chapter 206 and Chapter 213 have been determined to apply to this Request for Proposal.

RESPONDENTS must describe how the EIR product deliverables included as part of the service requirements meet at least those technical provisions identified as applicable in the attached Voluntary Product/Service Accessibility Templates (VPATs).

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

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

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

C)

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

1194 Subpart D)

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

5.15 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, sexual orientation, disability, genetic information, veteran status or gender identity as 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, RESPONDENTs certify that they will conform to the provisions of the Federal Civil Rights Action of 1964, as amended.

5.16 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.

5.17 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 the resulting agreement, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

5.18 TEC Disclosure of Interested Parties (Form 1295)

Further, effective January 1, 2016, a contracting business entity must submit a disclosure of interested parties form prescribed by the Texas Ethics Commission to PVAMU for any contract that has a value of at least one million dollars or requires action by the Board of Regents, unless it falls into one of the following categories:

• A sponsored research contract of an institution of higher education;

• An interagency contract of a state agency or an institution of higher education;

• A contract related to health and human services if:

o the value of the contract cannot be determined at the time the contract is executed; and

Prairie View A&M University RFQ #715-25-06 Consulting Services Fundraising Page 15 of 22 o any qualified vendor is eligible for the contract;

o a contract with a publicly traded business entity, including a wholly owned subsidiary of the business entity.

A “contracting business entity” includes a sole proprietorship, partnership, corporation, limited liability company, nonprofit entity, foreign company, or other legally recognized business entity other than those governmental entities indicated above.

RESPONDENTs must:

• Represent and warrant that their provision of services or other performance under an agreement will not constitute an actual or potential conflict of interest and represent and warrant that it will not reasonably create even the appearance of impropriety.

• Disclose any current or former employees who are current or former employees of PVAMU

• Disclose any proposed personnel who are related to any current or former employees of PVAMU

• Represent and warrant that they have not given, nor intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant or employee or representative of the State of Texas in connection with this solicitation.

5.19 Not Eligible for Rehire (NEFR)

RESPONDENT is responsible to ensure that employees participating in work for any A&M System member have not been designated by the A&M System as Not Eligible for Rehire as defined in System policy 32.02, Section 4. In the event PVAMU becomes aware that Vendor has a NEFR Employee involved in any work being performed under this Agreement, PVAMU will have the sole right to demand removal of such NEFR Employee from work being performed under this Agreement. Non-conformance to this requirement may be grounds for termination of [this/any resultant] Agreement.

5.20 Indemnification

RESPONDENT agrees to indemnify and hold the State of Texas, the Board of Regents for and on behalf of PVAMU, their officers, employees, and agents (the Indemnified Parties) harmless from and indemnify each against any and all liabilities, actions, damages, suits, proceedings, judgments, and costs (excluding attorney’s fees) for claims resulting from the acts or omissions of RESPONDENT or the acts or omissions of others under Seller’s supervision and control.

5.21 Billing Resolutions

In the case of a problem on a disputed invoice or charge, the Respondent will provide necessary information, i.e.

duplicate invoice, shipping information and proof of delivery at no extra charge to Prairie View A&M within 5 business days of request. All credit memos will reflect the purchase order number and the original invoice number in which charge was initiated.

5.22 Dispute Resolution

The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by PVAMU and RESPONDENT to attempt to resolve any claim for breach of contract made by RESPONDENT that cannot be resolved in the ordinary course of business.

RESPONDENT shall submit written notice of a claim of breach of contract under this Chapter to the Executive Director for Procurement and Disbursement Services at PVAMU, who shall examine RESPONDENT’s claim and any counterclaim and negotiate with RESPONDENT in an effort to resolve the claim.

5.23 Federal Funds Guidelines

As a condition of accepting funds under any contract that is paid from federal funds, the RESPONDENT agrees to use the electronic employment verification system designated by the Secretary of Homeland Security to verify the employment eligibility of all persons hired or assigned by the RESPONDENT to perform work within the United States.

5.24 Prohibition on Contracts with Companies Boycotting Israel

To the extent that Texas Government Code, Chapter 2271 applies to this Agreement, RESPONDENT certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of this Agreement. RESPONDENT acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

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5.25 Certification Regarding Business with Certain Countries and Organizations

Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Vendor certifies Vendor (1) is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Vendor acknowledges resultant Agreement may be terminated and payment withheld if this certification is inaccurate.

5.26 Conflict of Interest

By executing a resultant Agreement, RESPONDENT and each person signing on behalf of RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The A&M System or The A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The A&M System, has direct or indirect financial interest in the award of this RFQ, or in the services to which this RFQ relates, or in any of the profits, real or potential, thereof.

5.27 Prohibition of Contracts Related to Persons Involved in Human Trafficking

Under Section 2155.0061, Government Code, the vendor certifies that the individual or business entity named in any resultant 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.

5.28 Payment of Debt or Delinquency to the State

Pursuant to Section 2252.903, Texas Government Code, RESPONDENT agrees that any payments owing to RESPONDENT under any resultant agreement may be applied directly toward certain debts or delinquencies that RESPONDENT owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full.

5.29 Loss of Funding

Performance by PVAMU under a resultant agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the “Legislature”). If the Legislature fails to appropriate or allot the necessary funds, PVAMU will issue written notice to RESPONDENT and PVAMU may terminate a resultant agreement without further duty or obligation hereunder. RESPONDENT acknowledges that appropriation of funds is beyond the control of

PVAMU.

5.30 Modification of Service

PVAMU reserves the right to modify the services during the course of the resultant agreement. Any changes in pricing and rates proposed by the RESPONDENT resulting from such changes are subject to acceptance by the PVAMU. In the event prices and rates cannot be negotiated to the satisfaction of both parties, any resultant agreement may be awarded by

PVAMU.

5.31 Ownership of Documents

Upon completion or termination of any resultant agreement, all documents prepared by the RESPONDENT for the benefit of PVAMU shall become the property of the PVAMU. PVAMU acknowledges that the documents are prepared only for the contracted services specified. Prior to completion of the contracted services, PVAMU shall have a recognized proprietary interest in the work product of the RESPONDENT.

5.32 Other Benefits

It is understood and agreed that no benefits, payments or considerations received by the Seller for the performance of services associated with and pertinent to the resultant Agreement shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of the State.

5.33 Contract Administration

Upon award and execution of an Agreement or Contract, administration of such Agreement or Contract will be by a University Contract Administrator. All issues relating to the Agreement or Contract including, but not limited to, contract changes or modifications, contactor performance, contract renewals, cancellation, and disputes will be handled by the University’s Procurement and Contract Administration.

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5.34 HUB Subcontracting Plan

In accordance with Texas Government Code Section 2161 and Texas Administrative Code, Title 34, Chapter 20, Subchapter D, Division 1, Sections 20.281 to 20.298, it is the policy of the State of Texas and Prairie View A&M to encourage the use of Historically Underutilized Business (HUB) vendors in our prime contracts, subcontracts, and purchasing transactions. The goal of the HUB Program is to promote equal access and equal opportunity in Prairie View A&M contracting and purchasing.

Subcontracting opportunities are anticipated for this Invitation for Bid/Request for Proposal, and a HUB Subcontracting Plan (HSP) is required. Failure to submit a complete, comprehensive HSP will be considered a material failure to comply with the requirements of the Invitation for Bid/Request for Proposal and will result in the rejection of the submittal. The HSP must be submitted with the Invitation for Bid/Request for Proposal response by the specified date and time.

For information regarding the HUB Subcontracting Plan requirements, contact Shawna Prater at 936-261-1902 or via email at srprater@pvamu.edu. State of Texas HUB Subcontracting Plan form, HSP Quick Checklist, and Prime Contractor Progress Assessment Report (PAR) form are attached. The State of Texas HSP forms can also be found at the following site: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

5.35 Insurance Requirements

5.35.1 The successful vendor will be required per the indicated requirements (Appendix A) to provide proof of insurance prior to beginning any work on the campus of Prairie View A&M University. The vendor will be held strictly liable for any damages to Prairie View A&M University property occurring during any installation.

5.35.2 Vendor shall not commence work until all the insurance specified hereunder has been obtained and certificates of such insurance have been filed with and accepted by Prairie View A&M University. Insurance coverage shall provide for a thirty-day notice of cancellation or material change to the policy coverage and/or limits and the certificate of insurance enforce must include a notice that the policy or policies do contain these provisions.

Acceptance of insurance certificates by Prairie View A&M University shall not relieve or decrease the liability of the vendor. Unless otherwise specified, the vendor shall provide and maintain, until the work included in this Request for Qualifications is completed and accepted by Prairie View A&M University.

5.35.3 Certificates of Insurance must be delivered or mailed to:

P.O. Box 51, MS1311

5.36 Executive Order GA-48

5.36.1 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.