ESBD_441627_1753911855887_TRSY-25-249 Investment Management System RFP.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR PROPOSAL

RFP Number: RFP01-TRSY-25-249

INVESTMENT MANAGEMENT SYSTEM

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on September 3, 2025

EMAIL PROPOSAL RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: TRSY-25-249 Investment Management System

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 Proposal. 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

4.6 for more information regarding confidential and proprietary information.

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

The Texas A&M University System RFP01 TRSY-25-249 Page 2 of 34

TABLE OF CONTENTS

SECTION 1. INTRODUCTION ____________________________________________________________ 3

SECTION 2. INSTRUCTIONS FOR RESPONDENTS _____________________________________________ 5

SECTION 3. SCOPE OF WORK ___________________________________________________________ 8

SECTION 4. PROPOSAL RESPONSE ______________________________________________________ 10

SECTION 5. GENERAL TERMS AND CONDITIONS ___________________________________________ 14

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance Requirements

Exhibit D – Master Software as Service (SaaS) Agreement (Draft) …………………………………………………………22

The Texas A&M University System RFP01 TRSY-25-249 Page 3 of 34

SECTION 1 – INTRODUCTION

1.1 Introduction

The Texas A&M University System (A&M System) is requesting proposals for an investment management system that expands on the capabilities of its current systems. Upon award, the successful respondent (hereafter referred to as Respondent, Provider, and/or Vendor) shall provide all software, training, documentation, and services as specified and listed in Section 3 of this Request for Proposal (RFP).

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.

1.2 Background

The Texas A&M University System

The Texas A&M University System is one of the largest systems of higher education in the nation, with a budget of $7.3 billion. Through a statewide network of 11 universities, a comprehensive health science center, eight state agencies, Texas A&M-Fort Worth and Texas A&M-RELLIS, the Texas A&M System educates more than 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 .............................................................................................. July 30, 2025 Deadline to Submit Questions ................................................................. August 19, 2025 Release of Addendum (if applicable) ...................................................... August 22, 2025 Deadline for Receiving Proposals ........................................................ September 3, 2025 Evaluation of Proposals ............................................................................................... TBD Anticipated Award Date .............................................................................................. TBD

The A&M System 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 are in the best interest of the A&M System, and/or in the event the A&M System 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.

1.4 Priorities/Expectations

Respondents should note the following priorities/expectations with regard to 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 in a timely, cost-effective manner. The A&M System is seeking a Respondent that will ensure the provision of such quality in its delivery of service through proven techniques and established metrics.

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

The Texas A&M University System RFP01 TRSY-25-249 Page 4 of 34

(b) Level of Experience and Expertise. Respondent must demonstrate its capabilities in providing the utmost level of experience and expertise to ensure services are performed as needed by the A&M System.

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

1.5 Performance Period

Should A&M System, in its sole discretion, enter into an agreement with the successful Respondent as a result of this RFP, the initial term of the resultant Agreement is expected to be effective upon execution for three (3) years, with the option to extend for two (2) additional two

(2) year terms, provided all parties mutually agree in writing on the extension. Any extensions shall be at the same terms and conditions plus any approved changes to be determined by the A&M System and negotiated in writing with the successful Respondent. The A&M System reserves the right to amend the terms of the Agreement as necessary to meet state or federal requirements.

The Texas A&M University System RFP01 TRSY-25-249 Page 5 of 34

SECTION 2 - INSTRUCTIONS FOR RESPONDENTS

2.1 General Information

The A&M System is seeking proposals from qualified Respondents who can provide an investment management system (“Solution”) that expands on the capabilities of current systems utilized by the A&M System and as specified and listed in Section 3 of this RFP. While it is the intent of the A&M System to effectively establish an agreement as a result of this RFP with a qualified provider for this Solution, there is no guarantee that an award will be made and an agreement executed.

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

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 documentation submitted with the proposal 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, September 3, 2025 electronically via email to soprocurement@tamus.edu with the subject line of: “TRSY-25-249 – Investment Management System”.

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.

Telephone and facsimile proposals are not acceptable and will not be considered under any circumstances.

mailto:soprocurement@tamus.edu

The Texas A&M University System RFP01 TRSY-25-249 Page 6 of 34

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”.

2.4 Proposal Components

The following documents are to be returned as part of your proposal response. Failure to include these 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 4.6)

II. Proposal

Proposal Response (Sections 4.2 – 4.4) Pricing Proposal, (Section 4.5)

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

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

• Non-Collusion Affidavit: The Respondent signature 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 or Texas A&M University 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. If you would like to receive addendums or any other notices regarding this RFP, email your interest to soprocurement@tamus.edu. Deadline for submission of questions is August 19, 2025. The A&M System will publish all questions in the form of an addendum with responses according to the schedule in Section 1.3.

All such addenda/amendments issued by the A&M System prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal. Only those A&M System replied to inquiries which are made by formal written addenda 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 A&M System

The Texas A&M University System RFP01 TRSY-25-249 Page 7 of 34 deems to represent the best value to the A&M System. The RFP provides the information necessary to prepare and submit proposals for consideration by the A&M System. All properly submitted proposals will be reviewed, evaluated, and ranked by the A&M System. The A&M System will rank the Respondents in the order that they provide the overall best value to the A&M System based on an evaluation of the responses to the RFP. The A&M System may interview one or more of the top ranked Respondents as part of the evaluation process.

After proposal tabulation and such investigation of Respondents as the A&M System deems appropriate, an award may be made to the Respondent whose proposed Solution it judges to represent the best value to the A&M System. In determining what is the best value, the A&M System may consider (as applicable) but is not limited to the following: ability of the proposed Solution to meet the needs of the A&M System, timeline for implementation of the Solution, on the reasonableness of the proposed fees for the Solution; 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 A&M System 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 A&M System.

The selection of the successful Respondent may be made by the A&M System 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 A&M System 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 System, 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 these organizations to discuss the Solution and other considerations which the Respondent has provided to such organizations 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 organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the proposal.

The A&M System reserves the right to reject any or all proposals and re-solicit for new proposals, or to reject any or all proposals and temporarily or permanently abandon the project. 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.

The Texas A&M University System RFP01 TRSY-25-249 Page 8 of 34

SECTION 3 – SCOPE OF WORK

3.1 Introduction

A&M System Treasury Services office manages two investment pools, the Cash Concentration Pool (CCP) and the System Endowment Fund (SEF). The CCP is a consolidated portfolio of investments representing the operating funds for all A&M System Members. The SEF consists of funds that have been restricted by donors or by the board in quasi-endowments. Combined total assets of both pools are $8.1 billion as of Q1 2025. Investment asset classes include global equity, fixed income, absolute return, private equity, and real assets.

The Treasury Services team currently utilizes several software programs to efficiently and securely monitor and track investments and external managers held within the two distinct pools. The intent of this RFP for an investment management system Solution is to expand on the capabilities of these current software programs.

3.2 Desired Functions / Capabilities

The main functions and capabilities of the desired Solution should include the creation and tracking of due diligence reports, meeting notes, and other documents/reports, document storage and retrieval, and workflow/manager tracking. The A&M System will consider several criteria when selecting a Solution including but not limited to the following:

A. Ease of access – The Solution should be easily accessible regardless of the employee’s physical location. In particular, investment team members should be able to quickly and securely access relevant information including by computer, tablet, or phone when traveling. A cloud-based system and/or app is preferred.

B. Customization – The Solution should have a customizable dashboard by user with several filter/sort options and drill-down menus to view specific data when needed. The ability to customize reports to include specific fields is preferred.

C. Templates – The Solution should have the capability to create reports using predefined templates for items such as new manager due diligence, reference checks, ongoing due diligence, etc.

D. Workflow and manager due diligence tracking - The Solution should eliminate the dependance on manually tracking workflows in Excel, Outlook, etc. Routine operational tasks such as tracking receipt and review of quarterly reports, tax forms, form ADVs, annual State disclosure forms, or other custom requirements should be managed within the system.

E. Notes organization and calendar reminders – The Solution should have the ability to organize due diligence meeting notes by manager. A calendar function that can track meetings with each external manager on a fiscal year basis and provide reminders when meetings are due is desired. The system should have the ability to track the number of meetings required to allow the investment team to easily monitor the managers that need two meetings per year versus managers that need fewer meetings. A unique identifier and template for managers that are in their initial year of due diligence is preferred.

F. Customer support and communication – The Solution provider should have a customer support team that is readily accessible, especially during the onboarding process.

G. Security – The Solution must maintain compliance with A&M System security standards.

The Texas A&M University System RFP01 TRSY-25-249 Page 9 of 34

3.3 Technical Requirements

To the extent possible, the A&M System is seeking a Solution that is proven and exists in the marketplace. Custom solutions may be considered, but preference will be given to Solutions that have a reliable track record.

The A&M System also prefers Software as a Service (SaaS), but will consider cloud hosted or on-premise solutions. The provider must clearly disclose the technical stack on which the solution is provided. If cloud hosted or SaaS, the solution must be TX-RAMP certified.

3.4 Accessibility

A. Under Texas Government Code Chapter 2054, Subchapter M, Texas Administrative Code Sections 206.70 and 213, Title II of the American with Disabilities Act, and implementing policy of A&M System’s Regulations 29.01.04, the Texas A&M University System must procure Products that comply with the accessibility standards when such products are available in the commercial marketplace or when such Products are developed in response to a procurement solicitation. Accordingly, the Respondent must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards.

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

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

C. Provide Policy Driven Adoption Vendor Self-Assessment (PDAA) with your RFP response. This Information and Communications Technology (ICT) accessibility assessment is for vendor organizations to describe how they are currently implementing accessibility policy and practices within their organizations. https://dir.texas.gov/resource-library-item/policy-driven-adoption-accessibility-pdaa-vendor-assessment

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

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

F. How is accessibility incorporated into your product roadmap and feature development?

3.5 HECVAT Assessment

Respondents must submit a HECVAT assessment using the current version published at https://www.educause.edu/higher-education-community-vendor-assessment-toolkit

3.6 TX-RAMP Certification

Should Respondent’s product meet the Texas Department of Information Resources (“DIR”) definition of a cloud computing service, respondent shall provide A&M System with evidence of its TX-RAMP compliance and certification ID at least thirty (30) days prior to the start of any agreement. (See also Exhibit D: Section 10.C Cloud Computing Services). If the product proposed is currently certified, provide your TX-RAMP Certificate ID with your proposal response.

https://www.itic.org/policy/accessibility/ https://dir.texas.gov/resource-library-item/policy-driven-adoption-accessibility-pdaa-vendor-assessment https://dir.texas.gov/resource-library-item/policy-driven-adoption-accessibility-pdaa-vendor-assessment https://www.educause.edu/higher-education-community-vendor-assessment-toolkit

The Texas A&M University System RFP01 TRSY-25-249 Page 10 of 34

SECTION 4 – PROPOSAL RESPONSE

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

4.2 Company Profile

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

B. Number of years in business: ______

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

D. Annual Sales Volume: _____________________________(company wide)

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

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

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

H. Discuss any significant changes Respondent’s firm anticipates in structure, ownership, or service offerings in the next 1-5 years.

4.3 Technical Proposal

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

In responding to these requirements Respondent:

A. Shall provide sufficient information to fully demonstrate that the proposed Solution meets the scope and requirements within sub-sections 3.2 through 3.6. Where applicable, Respondent may include screenshots, process flows, schedules, lists, and any additional documentation that demonstrates the ability of the Solution to meet the needs and requirements of the A&M System.

B. Describe a few current client institutions that use your firm’s investment management software Solution and how their utilization might be both similar and different from that of the A&M System.

C. Describe your firm’s software’s ability to address several different report templates and workflows. For example, initial due diligence versus ongoing due diligence.

D. Provide a list of client relationship and customer support contacts the A&M System will communicate with if selected.

E. Confirm whether the Solution will replace or complement existing systems (MSCI Private i® | MSCI and Laserfiche | Document Management, Process Automation).. Does the Solution https://www.msci.com/data-and-analytics/private-asset-solutions/msci-private-i https://www.msci.com/data-and-analytics/private-asset-solutions/msci-private-i https://www.laserfiche.com/

The Texas A&M University System RFP01 TRSY-25-249 Page 11 of 34 include plug-ins that make it compatible with other programs such as Microsoft Excel and Outlook?

F. Describe any additional options such as robust search features within documents or forecasting cashflows by tracking future cap calls and distributions. Does your firm utilize artificial intelligence to deliver relevant information to users?

G. Provide pricing information including cost per user and all additional software programs the A&M System could consider as part of this RFP. Confirm if the license pricing is determined per institution or based on the number of users. Specify if the proposed software program incorporates all requested functionality or whether there are any additional charges for customization or special functions and reports.

H. What is the estimated timeline to implement the Solution?

4.4 Vendor Qualifications

Respondent shall provide a response to the following items:

A. Explain your firm’s experience and credentials that will enable your firm to assist the A&M System in meeting its investment management goals.

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

● Company/Agency name & address

● Contact person name & title

● Contact phone number

● Contact email address

● Summary of services provided

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

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

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

4.5 Pricing Proposal

Respondent shall provide pricing information including cost per user or institution (A&M System) and all additional software programs the A&M System could consider as part of this RFP; and confirm if the license pricing is determined per institution or based on the number of users.

Specify if the proposed software program incorporates all requested functionality or whether there are any additional charges for customization or special functions and reports.

Respondent shall provide a complete pricing proposal for the Services offered to include the following items as applicable.

A. Initial Implementation or Set-Up Fee.

B. Professional service fees required or recommended for implementation and proposed provider for any recommended services (if not the solution provider).

C. Annual recurring license or subscription – include all possible options in the pricing of

The Texas A&M University System RFP01 TRSY-25-249 Page 12 of 34 this support and applicable terms. Provider must also disclose pricing model (i.e. per instance, per user, per data volumes, or some other metric).

D. Any other annual charges.

E. List incentives or price breaks that the System might receive for additional quantities (e.g. collaborative pricing).

F. Identify any training, support or materials costs that may be required for implementation or ongoing usage.

4.6 HUB Subcontracting Plan

It is the policy of the state of Texas and the A&M System to encourage the use of Historically Underutilized Businesses (“HUB”) in our prime contracts, subcontractors, and purchasing transactions. The goal of the HUB program is to promote equal access and equal opportunity in A&M System contracting and purchasing.

Subcontracting opportunities are defined as those opportunities contracted with a vendor to work, 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 to document their good faith effort to solicit and use State of Texas certified HUB vendors to perform portion(s) of the scope as defined in this RFP.

Subcontracting opportunities are possible for this RFP and, therefore, an HSP is required. Failure to submit a comprehensive HSP form with the RFP response will be considered a material failure to comply with the requirements of the RFP and may result in rejection of the submittal. The HUB Subcontracting Plan (HSP) form shall be submitted with the RFP response by the date and time specified.

The HUB participation goal for this RFP is 15% and every Respondent shall endeavor to achieve this goal.

HSP Form Requirements

The HSP form can be found here:

https://www.tamus.edu/business/wp-content/uploads/sites/20/2025/01/FY25-HSP-Form- Template.pdf

The HUB goal stated in this RFP takes precedence over the standard HUB goal stated on the HSP form, unless otherwise noted. The Respondent shall complete Section 1, Section 2a, and Section 4 of the HSP form, properly completing all subsequent steps as stated on the HSP form.

If the Respondent shall subcontract with a vendor(s) with which a pre-existing agreement exists, the Respondent shall list each vendor in Section 2b of the HSP form and provide an explanation with the RFP response as to why solicitations were not done (e.g. contractual requirements).

If the Respondent shall subcontract with a vendor(s) with which no pre-existing agreement exists, then the Respondent shall make a good faith effort to utilize Texas certified HUBs according to the instructions as stated on the HSP form, which may include providing supporting documentation.

If the Respondent will self-perform the entire scope, a statement which attests that the Respondent shall perform the subcontracting opportunities identified by the A&M System with https://www.tamus.edu/business/wp-content/uploads/sites/20/2025/01/FY25-HSP-Form-Template.pdf https://www.tamus.edu/business/wp-content/uploads/sites/20/2025/01/FY25-HSP-Form-Template.pdf

The Texas A&M University System RFP01 TRSY-25-249 Page 13 of 34 its own employees and resources is required. This statement shall be documented in Section 3 of the HSP form.

For information regarding the HSP form requirements, please contact the A&M System HUB Program Office at so-hubprogram@tamus.edu for assistance. Respondents may submit a draft of the HSP form at least five business days prior to submittal of their response to the RFP for review by the HUB Program Office.

4.7 Confidential and Proprietary Information

In order to protect and prevent inadvertent access to confidential information submitted in the response, the Respondent is to provide a schedule of all pages that the Respondent in good faith, and with legally sufficient due diligence, considers to contain any confidential and/or proprietary information.

Information in any tangible form which is submitted by Respondents will be treated as confidential until such time as a contract is executed. After that time, the A&M System is required to provide access to certain records in accordance with the provisions of Chapter 552, Tex.

Government Code, now known as the Texas Public Information Act (TPIA), formerly known as the Open Records Act. By submitting a response, the Respondent acknowledges and agrees that the A&M System shall have no liability to the Respondent or to any other person or entity for disclosing information in accordance with the TPIA. The A&M System shall not have any obligation or duty to advocate the confidentiality of the Respondent’s material to the Texas Attorney General or to any other person or entity. The Respondent further understands and agrees that upon the A&M System’s receipt of a TPIA request for a copy of the Respondent contract, including the response and any exhibits to the contract and response, the only documents that the A&M System shall treat as the Respondent’s confidential and proprietary information shall be the documents the Respondent identifies as required above. It is the Respondent’s sole obligation to advocate in good faith the confidential or proprietary nature of any information it provides in its response, and the Respondent understands that the Texas Attorney General may nonetheless determine that all or part of the claimed confidential or proprietary information shall be publicly disclosed.

mailto:so-hubprogram@tamus.edu

The Texas A&M University System RFP01 TRSY-25-249 Page 14 of 34

SECTION 5 - GENERAL TERMS AND CONDITIONS

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

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

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by the A&M System Office of General Counsel are essential prior to the 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 state of qualification, 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.

The Texas A&M University System RFP01 TRSY-25-249 Page 15 of 34

H. ALTERNATE PROPOSALS: A&M System reserves the right to consider alternate proposals submitted by Respondents. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

I. ANTITRUST: Respondent hereby assigns to the A&M System, any and all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

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

K. 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 Exhibit C, 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 Exhibit C, 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 TRSY-25-249 Page 16 of 34

EXHIBIT A

EXECUTION OF OFFER

RFP01-TRSY-25-249

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’ option, and the Respondent may be removed from all future proposal lists at this state agency;

(iii) the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Response;

(iv) no relationship, whether as a relative, business associate, by capital funding agreement or by any other such kinship exists between Respondent and an employee of 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.

The Texas A&M University System RFP01 TRSY-25-249 Page 17 of 34

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;

(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 Solution;

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

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

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

(xiii) under Section 2155.0061, Texas Government Code, the Respondent certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified contract and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate.

(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 the Response.

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: _____________________________________________________________________

The Texas A&M University System RFP01 TRSY-25-249 Page 18 of 34

Title: ______________________________________________________________________

Street: ____________________________________________________________________

City/State/Zip: ______________________________________________________________

Telephone No.: ______________________________________________________________

Fax No.: ___________________________________________________________________

E-mail: ____________________________________________________________________

* By signing this Execution of Offer, 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 TRSY-25-249 Page 19 of 34

EXHIBIT B

NON-COLLUSION AFFIDAVIT

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the "Respondent"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other Respondents, or with any official of 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…