ESBD_461403_1760454285380_BCDC-26-254 High Energy Laser RFP.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR PROPOSAL

RFP Number: RFP01-BCDC-26-254

HIGH ENERGY LASER

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on November 6, 2025

EMAIL RFP RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: BCDC-26-254 - HIGH POWER LASER

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

REFER INQUIRIES TO:

Jeff Zimmermann, Executive Director Procurement and Business Services | HUB Program

The Texas A&M University System soprocurement@tamus.edu

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

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

The Texas A&M University System RFP01-BCDC-26-254 Page 2 of 39

TABLE OF CONTENTS

SECTION 1. INTRODUCTION __________________________________________________________ 3

1.1 Introduction

1.2 Background

1.3 Priorities/Expectations

1.4 Calendar of Events

SECTION 2. INSTRUCTIONS FOR RESPONDENTS ___________________________________________ 5

2.1 General Information

2.2 Examination of the Request for Proposal

2.3 Submittal Instructions

2.4 Proposal Components

2.5 Inquiries and Interpretations

2.6 Selection Process

SECTION 3. SCOPE AND REQUIREMENTS ________________________________________________ 9

3.1 General Scope

3.2 HPL Specifications

3.3 HPL System Requirements

3.4 Additional Requirements

SECTION 4. PROPOSAL RESPONSE ____________________________________________________ 11

4.1 Company Profile

4.2 Technical Proposal

4.3 Experience

4.4 Cost Proposal

4.5 HUB Subcontracting Plan

SECTION 5. GENERAL TERMS AND CONDITIONS _________________________________________ 14

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance Requirements

Exhibit D – Required Contract Terms – Agreement Draft

The Texas A&M University System RFP01-BCDC-26-254 Page 3 of 39

SECTION 1 – INTRODUCTION

1.1 Introduction

The Texas A&M University System (“A&M System”) and the Bush Combat Development Complex (“BCDC”) are seeking proposals in response to this Request for Proposal (“RFP”) from qualified companies (“Respondent”) for the design and construction of a high-power laser (HPL) system intended for advanced research purposes. Respondents are encouraged to submit proposals per the specifications stated in Section 3.

By submitting responses, each Respondent certifies that it understands the requirements of this RFP and has full knowledge of the scope, nature, specifications of the HPL system required, and any services necessary to provide the desired HPL system. Each Respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

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

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

RFP.

1.2 Background

A&M System The Texas A&M University System is one of the largest and most impactful higher education systems in the country, with an annual budget of $8.1 billion. Its statewide network includes 12 universities, a comprehensive health science center, eight state agencies, Texas A&M-Fort Worth and Texas A&M-RELLIS. The Texas A&M System serves approximately 175,000 students and reaches millions more through service, research and outreach programs each year. With $1.6 billion in annual research expenditures, the A&M System fuels innovation, supports communities and drives Texas’ economy forward. More information about A&M System and each of its Members can be found on the A&M System About page.

BCDC

The Texas A&M University System’s RELLIS campus is the site of the George H.W. Bush Combat Development Complex (BCDC) – a comprehensive ecosystem unlike any other in the nation. The U.S. Army Futures Command will use the RELLIS campus in Bryan, Texas, as its central hub where the newest and most innovative ideas for modernizing the army are tested and evaluated. The aim is to shorten the time it takes to get emerging technologies from the lab to the field and maximize technology capabilities through soldier and stakeholder feedback.

1.3 Priorities/Expectations

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

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

(b) Level of Experience and Expertise. Respondent must demonstrate their capabilities in providing the utmost level of experience and expertise to ensure successful completion of http://www.tamus.edu/about/

The Texas A&M University System RFP01-BCDC-26-254 Page 4 of 39 scope as determined by A&M System.

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

1.4 Calendar Of Events

Release of RFP ........................................................................................................ October 14, 2025 Deadline to Submit Questions ............................................................................... October 22, 2025 Release of Addendum (if applicable) ..................................................................... October 27, 2025 Deadline for Receiving Proposals .................................................................. November 6, 2025 Anticipated Award Date ............................................................................................................... TBD

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

The Texas A&M University System RFP01-BCDC-26-254 Page 5 of 39

SECTION 2 - INSTRUCTION FOR RESPONDENTS

2.1 General Information

A&M System and BCDC are soliciting proposals from qualified Respondents who can provide the HPL system as specified in Section 3 of this RFP. While it is the intent of A&M System to establish an Agreement with the successful Respondent for the design and construction of an HPL system, there is no guarantee that an award will be made, or any Agreement executed.

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

This RFP contains specific requests for information. Respondents are encouraged to examine all sections of this RFP carefully, in that the degree of interrelationship between sections is critical.

In responding to this RFP, Respondents are encouraged to provide any additional information they believe relevant.

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

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

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

In those cases where mandatory requirements are stated, material failure to meet those requirements 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.

2.2 Examination of the Request for Proposal

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

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

2.3 Submittal Instructions

All proposals must be received by A&M System, no later than 2:00:00 p.m. Central Time, November 6, 2025 electronically via email to soprocurement@tamus.edu with the subject line of “BCDC-26-254 – High Power Laser”. The sent time indicated within A&M System email server shall be used for the receipt and acceptance of the response. It is each Respondent’s responsibility to ensure that the entire submittal response is received by A&M System by the deadline stated above regardless of submission method. Late proposals will not be considered under any circumstances.

Submittal Format:

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

mailto:soprocurement@tamus.edu

The Texas A&M University System RFP01-BCDC-26-254 Page 6 of 39

2.4 Proposal Components

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

I. Forms

• Signed Execution of Offer (Exhibit A)

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

• HUB Subcontracting Plan (Section 4.5)

II. Proposal

• Proposal Response (Sections 4.1 – 4.4)

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

Questions regarding the RFP, including questions for more data or information beyond that included in this RFP and any attachment, should be presented in writing. Deadline for submission of questions is October 22, 2025. The A&M System will publish all questions with responses according to the schedule in Section 1.4.

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

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

2.6 Selection Process

The evaluation of the proposals shall be based on the information provided that A&M System deems to represent the best value to A&M System. The RFP provides the information necessary to prepare and submit proposals for consideration by A&M System. All properly submitted mailto:soprocurement@tamus.edu http://www.txsmartbuy.com/sp

The Texas A&M University System RFP01-BCDC-26-254 Page 7 of 39 proposals will be reviewed, evaluated, and ranked by A&M System. A&M System will rank the Respondents in the order that they provide the overall “best value” to A&M System based on an evaluation of the responses to the RFP. A&M System may interview one or more of the top ranked Respondents as part of the evaluation process.

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

demonstrated competence, capability, and qualifications of the Respondent in respect to the scope, product and services offered; system offered meets the specifications and requirements of the A&M System; completion timeframe; proposed costs; any other factors deemed relevant by the A&M System; and if other considerations are equal, give preference to a Respondent whose principal place of business is in the State of Texas, will manage the contract wholly from an office in the state of Texas.

The Respondent selected will be those whose experience, qualifications, and capability as presented in response to this RFP, establish them, in the opinion of A&M System, as well qualified and offering the greatest benefits, experience and overall value to the A&M System. A&M System may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should A&M System determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and executed with that Respondent. The contract will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the Respondent’s proposal as negotiated.

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

The selection of the successful proposal may be made by A&M System on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal may be made by A&M System on the basis of negotiation with any of the Respondents. A&M System shall not disclose any information derived from the proposals submitted by competing Respondents in conducting such discussions.

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

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

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

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A&M System, the state of Texas, and the organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the proposal.

A&M System reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive Respondent(s).

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

The Texas A&M University System RFP01-BCDC-26-254 Page 9 of 39

SECTION 3 – SCOPE AND REQUIREMENTS

3.1 General Scope

The A&M System and BCDC are seeking proposals in response to this RFP for the design and construction of a high-power laser (HPL) system intended for advanced research purposes.

3.2 HPL Specifications

The HPL shall utilize spectral beam combining technology to produce a continuous wave (CW), infrared output beam exceeding 10 kW, with a preferred target output of 15 kW, within the 1030– 1080 nanometer (nm) wavelength range. The architecture should be designed to allow future scalability to approximately 30 kW through the integration of additional fiber amplifier modules and some additional beam combining optics.

The HPL must include a telescopic focusing optic capable of focusing the beam over adjustable ranges between 350 meters and 1 kilometer. The beam quality, expressed as the M² value, must not exceed 1.5, with a preferred maximum of 1.3.

Supplied power must be compatible with existing TAMUS facility infrastructure (480 V, 100A). If not inherently compatible, appropriate power conversion racks must be included as part of the proposal. Similarly, the water-cooling system for the amplifiers and related components must interface seamlessly with the facility’s chilled water system (see attachment A).

3.3 HPL System Requirements:

A. HPL shall support the combination of multiple laser sources to achieve a power between 10 kW – 15 kW (higher power preferred).

B. The HPL shall operate in the wavelength range from 1030 - 1080 nm.

C. The HPL shall be able to support upgrades to HEL powers of up to 30 kW (higher preferred) with additional amplifiers and combiner optics.

D. The HPL shall support a combined pre-beam expansion beam quality of M² < 1.3 (preferred), 1.5 (acceptable) with input sources of M² < 1.15.

E. The HPL should provide ability to focus the beam from 350 m to 1 km

F. The HPL telescope should provide for a combined post beam quality of M² < 1.5 (preferred), M² < 1.7 (acceptable).

G. The HPL should be powered with 480 V service not exceeding 100 A; if power conversion racks are required, they should be contained within the proposal.

H. The HPL shall connect to an external source of chilled water with a 1-inch inner diameter hose.

I. The HPL shall connect to a clean dry air source with 1/4-inch tubing.

3.4 Additional Requirements

Awarded Respondent, should there be an award, shall be required to provide the following additional deliverables:

A. Monthly status reports throughout the build process (pdf or docx format). Any changes to the schedule or architecture must be sent via email to the technical point of contact at BCDC and signed copies retained by both parties.

The Texas A&M University System RFP01-BCDC-26-254 Page 10 of 39

B. Site visits: Awarded Respondent shall host BCDC for at least three (3) site visits to their facility during construction of the HPL. The last site visit shall be conducted following the initial stand-up of the laser architecture and demonstrate system operation.

C. Following approval by BCDC of the HPL architecture, awarded Respondent shall relocate the HPL to the specified BCDC location on the Texas A&M RELLIS campus. Relocation of the HPL to BCDC shall be the sole responsibility of the awarded Respondent, including all associated costs.

D. Final demonstration of the HPL system shall be on-site at the BCDC facility on the Texas A&M RELLIS campus to validate compliance with all technical specifications outlined in the proposal.

E. Training shall include the provision of a comprehensive user and operations manual, as well as a graphical user interface (GUI) and dedicated control computer to operate the laser system. The user and operations manual must include information on how to run the system, how to troubleshoot the system, how to align the system, as well as factory references of beam parameters such as beam profiles at various power levels at various locations in the beam line as well as beam power stability over time. The user and operations manual will include this beam profile information for sensor accessible locations throughout the beam path (e.g., before and after beam combiners, before and after beam pickoff locations and before and after telescopic optic).

The Texas A&M University System RFP01-BCDC-26-254 Page 11 of 39

SECTION 4 – PROPOSAL RESPONSE

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, accurate and complete.

4.1 Company Profile

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

B. Number of years in business:

C. 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.

D. 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.

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

4.2 Technical Proposal

Respondents shall include the following items within the proposal response:

A. Cover Letter: Include a brief introduction with interest, capability, and experience of the Respondent.

B. Provide information and/or documentation to verify compliance with the HPL Specifications included in Section 3.2, and the HPL System Requirements listed in Section 3.3.

C. Describe how each of the deliverables listed in Section 3.4 will be met. Include example documentation (as available) as support and verification of these additional requirements.

D. Provide a response to each of the following questions:

1. What is the estimated beam size before the telescope and immediately after?

2. What is the estimated beam divergence at the output of the telescope?

3. If an M² value of less than 1.5 post beam expansion is not possible in the design, please elaborate on why.

4. Will the beam telescoping optic be capable of dynamic focusing?

5. If a 6-month turnaround is too aggressive, what is the minimum timeframe you require to complete and deliver the system? What is the justification?

6. It is preferred that some molecular water lines are overlapped within one wavelength band of one seed source. Is this possible?

E. Provide a phased timeline to include design, construction, installation, demonstration and validation, and training and acceptance.

The Texas A&M University System RFP01-BCDC-26-254 Page 12 of 39

Completion of the full timeline within 6 months is preferred. If proposed timeline exceeds 6 months include an explanation to include any supply chain factors contributing to the overall timeline.

4.3 Experience

Respondent must demonstrate prior experience designing, integrating, and delivering laser-based systems of comparable scale and complexity. To support experience, provide the following information for at least two (2) relevant projects completed within the past five (5) years without disclosing proprietary client names:

A. Project Overview: A brief description of the system, including power class, wavelength range, intended application (e.g., propagation, materials interaction, sensing).

B. Technical Approach: Key design or engineering challenges addressed, technologies or methods employed, and how performance requirements were verified.

C. Reference Contact: Organization name and point of contact (title, email, or phone) for potential verification would be helpful although not required at initial proposal. During the proposal evaluation, a member of the RFP review committee may contact respondents to obtain clarity on the respondents' prior experience in this area.

4.4 Cost Proposal

Respondent shall provide a complete cost proposal for the scope and services required for the HPL system proposed.

A. Cost Breakdown. Provide a cost breakdown to include all costs necessary for the full design, construction, installation, demonstration and validation, and training and acceptance. No additional costs will be considered for payment if not included within the cost proposal.

B. Payment Schedule. The cost proposal shall also include a payment schedule to identify payments expected throughout each phase of the project. The proposed payment schedule shall coincide with the site visit and demonstration requirements listed within Section 3.4 above.

4.5 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 (HUBs) both directly and indirectly in prime contracting and subcontracting efforts. The goal of the HUB Program is to promote equal access and equitable opportunity in the A&M System contracting and purchasing activities.

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

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

The HUB participation goal for this RFP is 15% and the Respondent is required to conduct a good faith effort to achieve this goal through subcontracting opportunities, mentor protégé relationships, or other means of meaningful business relationships to increase the capacity and utilization of HUB firms. Maximizing meaningful opportunities to HUBs is of the utmost

The Texas A&M University System RFP01-BCDC-26-254 Page 13 of 39 importance to The Texas A&M University System. The good faith effort requirement may be met through successful completion of the plans described below.

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

Failure to submit a comprehensive, acceptable HSP form may be considered a material failure to comply with the requirements of this RFP and may result in rejection of the response.

HUB Subcontracting Plan (HSP) Form

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

In all cases, the Respondent is required to:

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

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

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

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

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

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

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

The Texas A&M University System RFP01-BCDC-26-254 Page 14 of 39

SECTION 5 - GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

H. ALTERNATE PROPOSALS: A&M System reserves the right to consider alternate proposals submitted by Respondents. Alternate proposals shall be clearly marked “Alternate” with the

The Texas A&M University System RFP01-BCDC-26-254 Page 15 of 39 proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

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

J. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of A&M System or any of its Members,

(2) a person who at any time during the four years before the date of the contract was the executive head of A&M System or any of its Members, or (3) a person who employs a current or former executive head of A&M System or any of its Members.

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

L. REQUIRED CONTRACT TERMS: The terms and conditions contained in the draft agreement attached as Exhibit D or, in the sole discretion of A&M System, terms and conditions substantially similar to those contained in the attached agreement, will constitute and govern any Agreement that results from this RFP. If Respondent takes exception to any terms or conditions set forth in the attached agreement, Respondent will submit a list of the exceptions as part of its proposal.

Respondent’s exceptions will be reviewed by A&M System and may result in disqualification of Respondent’s proposal as non-responsive to this RFP. If Respondent’s exceptions do not result in disqualification of Respondent’s proposal, then A&M System may consider Respondent’s exceptions when A&M System evaluates the Respondent’s proposal.

The Texas A&M University System RFP01-BCDC-26-254 Page 16 of 39

EXHIBIT A

EXECUTION OF OFFER

RFP01-BCDC-26-254

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted.

A.1 Respondent Affirmation

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

This execution of offer must be completed, signed, and returned with the Respondent's Proposal.

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

Signing a false statement may void the submitted Proposal or any agreements or other contractual arrangements, which may result from the submission of Respondent’s Proposal. A false certification shall be deemed a material breach of contract and, at the A&M System's option, may result in termination of any resulting contract or purchase order.

Addenda Acknowledgment:

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

No. 1 ______ Date No. 3 ______ Date

No. 2 ______ Date No. 4 ______ Date

A.2 Signature

By signing below, the Respondent hereby certifies as follows, and acknowledges that such certifications will be included in any resulting contract:

(i) the Response and all statements and information prepared and submitted in response to this RFP are current, complete, true and correct;

(ii) it is not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount trip, favor or service to a public servant in connection with the submitted response or any subsequent proposal. Failure to sign below, or signing a false statement, may void the response or any resulting contracts at the A&M System’s option, and the Respondent may be removed from all future proposal lists at this state agency;

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

Section 2155.004 Texas Government Code);

The Texas A&M University System RFP01-BCDC-26-254 Page 17 of 39

(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: _____________________________________________________________________

Title: ______________________________________________________________________

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Street: ____________________________________________________________________

City/State/Zip: ______________________________________________________________

Telephone No.: ______________________________________________________________

E-mail: ____________________________________________________________________

* By signing this RFP, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Texas Government Code, § 2252.001(4).

The Texas A&M University System RFP01-BCDC-26-254 Page 19 of 39

EXHIBIT B

NON-COLLUSION AFFIDAVIT

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the "Respondent"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other Respondents, or with any official of A&M System or any employee thereof, or any person, firm or corporation under contract with A&M System whereby the Respondent, in order to induce acceptance of the foregoing Proposal by said A&M System, has paid or is to pay to any other Respondent or to any of the aforementioned persons anything of value whatever, and that the Respondent has not, directly or indirectly entered into any arrangement or agreement with any other Respondent or Respondents which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The Respondent hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, potential Respondent, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other Respondents or potential Respondents, or to obtain through any unlawful act an advantage over other Respondents or A&M System.

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the Respondent without consultation with other Respondents or potential Respondents or foreknowledge of the prices to be submitted in response to this solicitation by other Respondents or potential Respondents on the part of the Respondent, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.

CONFLICT OF INTEREST

The undersigned Respondent and each person signing on behalf of the Respondent certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of A&M System, nor any officer, employee, or person, whose salary is payable in whole or in part by A&M System, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature ____________________________________________

Company Name ____________________________________________

Date _______________________

Subscribed and sworn to before me this

__________ day of ________________, 2025.

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

___________________. My commission expires: __________________________

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EXHIBIT C

INSURANCE REQUIREMENTS

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

A. Worker’s Compensation

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

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

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

If this coverage is waived by System Risk Management, PROVIDER, his/her/its employees and subcontractors must sign a hold harmless and indemnification agreement.

B. Automobile Liability

Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 single limit of liability per accident for bodily injury and property damage;

C. Commercial General Liability

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

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

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

D. Umbrella Liability Insurance $5,000,000

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2. PROVIDER shall deliver to A&M System evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by PROVIDER under this Agreement. PROVIDER shall provide additional evidence of insurance on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal.

3. Commercial General Liability and Auto Liability policies must be endorsed to name The Texas A&M University System Board of Regents (“Board of Regents”) and A&M System as additional insureds up to the actual liability limits of the policies maintained by PROVIDER. The commercial general liability additional insured endorsements must include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent).

Commercial general liability and business auto liability policies must be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.

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

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

6. Any deductible or self-insured retention must be declared to…