Business Services

Request For Proposal (RFP)

RFP

Number

TAMUT-RFP-1662_112025

Beverage and/or Snack Vending

Texas A&M University-Texarkana

Request For Proposals (RFP)

RFP Number

Issued Date

November 21, 2025

Response Date

December 14, 2025

11:30 PM

TEXAS A&M UNIVERSITY-TEXARKANA

BUSINESS SERVICES & HUB PROGRAM

RFP NUMBER

PROPOSAL MUST BE RECEIVED BEFORE:

11:30 PM Central Time, December 14, 2025

PROPOSALS SHOULD BE UPLOADED TO:

https://it-lf-ecmf2.it.tamu.edu/Forms/wB5tD

Proposal must be submitted to the Texas A&M University-Texarkana Business Services Office before the hour and date specified for receipt of proposal. If it is not received in the department by due date and time, the proposal will be considered late and will be returned to the respondent.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receiving receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

REQUEST FOR PROPOSAL

REFER ALL INQUIRIES TO:

Kristen Tullos

Assistant Vice President for Business Services

Phone: 903-223-3053 Email: ktullos@tamut.edu mailto:kristen.tullos@tamut.edu

Table Of Contents

SECTION 1 GENERAL

1.1 Scope ________________________________________________ 4

1.2 University History ______________________________________ 4

1.3 Contract Term _________________________________________ 4

1.4 HUB Policy and HUB Subcontracting Requirements ___________ 4

1.5 Non-Mandatory Pre-Proposal Conference ____________________ 5

SECTION 2 PROPOSAL RESPONSE

2.1 Goal _________________________________________________ 6

2.2 Scope ________________________________________________ 6

SECTION 3 SELECTION PROCESS

3.1 Selection Process _______________________________________ 9

SECTION 4 GENERAL INFORMATION

4.1 Submittal Deadline and Location ___________________________ 10

4.2 Notice of Holidays – Offices Closed ________________________ 10

4.3 Submittal Instructions ___________________________________ 10

4.4 Special Requirements for Respondents ______________________ 10

4.5 Proposal Content and Components _________________________ 10

4.6 Texas A&M University-Texarkana Contact __________________ 12

4.7 Inquiries and Interpretations_______________________________ 13

4.8 Terms and Conditions & Contract __________________________ 14

SECTION 5 GENERAL TERMS AND CONDITIONS

5.1 General ______________________________________________ 14

5.2 Alternate Proposal ______________________________________ 15

5.3 Definitions ____________________________________________ 15

5.4 Time of Performance ____________________________________ 15

5.5 Default _______________________________________________ 16

5.6 Termination ___________________________________________ 16

5.7 Warranties ____________________________________________ 16

5.8 Agreement Amendments _________________________________ 18

5.9 Independent Vendor Status _______________________________ 18

5.10 Right to Audit _________________________________________ 18

5.11 Title, Risk of Loss and Freight ____________________________ 18

5.12 Acceptance of Goods and Services _________________________ 18

5.13 Ownership of Deliverables _______________________________ 18

5.14 Sales and Use Tax ______________________________________ 19

5.15 Invoicing _____________________________________________ 19

5.16 Payment ______________________________________________ 19

5.17 Reporting _____________________________________________ 19

5.18 Observance of University Rules and Regulations ______________ 19

5.19 Recall Notice __________________________________________ 20

5.20 Non-Disclosure ________________________________________ 20

5.21 Publicity______________________________________________ 20

5.22 Severability ___________________________________________ 20

5.23 Non-Waiver of Defaults _________________________________ 20

5.24 License and Permits _____________________________________ 20

5.25 Non-Discrimination _____________________________________ 20

5.26 Compliance with Law ___________________________________ 21

5.27 Federal Laws and Regulations _____________________________ 21

5.28 Alcohol and Drug-Free Workplace _________________________ 21

5.29 Force Majeure _________________________________________ 21

5.30 Governing Law ________________________________________ 21

5.31 Venue _______________________________________________ 22

SECTION 6 CONTRACTUAL REQUIREMENTS

6.1 Insurance ______________________________________________ 23

6.2 HUB Subcontracting Plan (HSP) ___________________________ 23

6.3 Public Information ______________________________________ 23

6.4 Indemnification _________________________________________ 24

6.5 Performance/Payment Bonds ______________________________ 24

6.6 Other Benefits __________________________________________ 24

6.7 Dispute Resolution ______________________________________ 24

6.8 Contract Administration __________________________________ 25

SECTION 7 KEY EVENTS SCHEDULE

7.1 Schedule ______________________________________________ 26

Attachments:

Execution of Offer

Non-Collusion Affidavit

Felony Conviction Notification

Proposal Form

Insurance Requirements

HUB Subcontracting Plan Form

Specification Package (if applicable)

SECTION 1

GENERAL

1.1 Scope

Texas A&M University-Texarkana (herein referred to as University) is soliciting proposals and intends to enter into a relationship to provide Beverage and Snack Vending at Texas A&M University-Texarkana.

The University is an institution of higher education located at 7101 University Avenue Texarkana, TX. It is the intention of the University to contract with one or more companies to provide beverage and snack vending services for the University campus. Vendor(s) must have demonstrated competence in providing these services and must have the qualifications necessary to perform the services outlined in this RFP.

The services will be provided in accordance with the terms, conditions, requirements, and specifications set forth in this RFP. Specifications are set forth as an attachment to this RFP and will become a part of the contract as if written herein. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.

1.2 University History

Texas A&M University-Texarkana (formerly East Texas State University at Texarkana) was established by the Texas Legislature in 1971 as an upper level, operationally separate unit of the East

Texas University Complex. In September 1996, the university became a member of The Texas A&M

University System and is governed by The Texas A&M University Board of Regents. Like other Texas public colleges and universities, A&M-Texarkana also operates under the jurisdiction of the Texas Higher

Education Coordinating Board.

Texas A&M University-Texarkana is a comprehensive, regional four-year university. We are an ascendant institution that offers students an exceptional educational experience both inside and outside the classroom. A&M-Texarkana offers dozens of academic programs in high-demand fields, and consistently works with business and industry partners to implement new programs and degrees that meet the needs of the modern job market and prepare graduates to succeed in their chosen field from day one.

The university provides a high-quality education to learners of all ages by providing access to world-class professors via flexible learning experiences offered 100% online, hybrid, and face-to-face. With more than 40 student organizations, Greek life, intramural sports, leadership programs, 21 intercollegiate sports, and volunteer organizations, students of all types are encouraged to SOAR at A&M-Texarkana.

1.3 Contract Term

The original contract period for an agreement resulting from this RFP will be from the date of award for a period of ten (10) years with the option to renew for an additional two (2) year period, providing all terms and conditions of the original agreement remain the same and the extension is mutually agreed upon by all parties.

1.4 Texas A&M University-Texarkana HUB Policy and HUB Subcontracting Requirements

It is the policy of Texas A&M University-Texarkana to encourage the use of Historically Underutilized

Businesses (HUBs) in our prime contracts, subcontractors, and purchasing transactions. The goal of the

HUB program is to promote equal access and equal opportunity in Texas A&M University-Texarkana contracting and purchasing.

1.4.1 HUB Subcontracting Plan (Required if subcontractors will be used during Services)

Subcontracting opportunities ARE NOT anticipated for this RFP; therefore a HUB

Subcontracting Plan (HSP) IS NOT required. In the event that the RESPONDENT determines a subcontractor(s) will be used, the RESPONDENT WILL BE required to make a good faith effort and complete the State of Texas HUB Subcontracting Plan found at:

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/

FAILURE TO SUBMIT A COMPREHENSIVE, ACCEPTABLE HUB

SUBCONTRACTING PLAN (only if subcontractors will be used by the RESPONDENT for these services) WILL BE CONSIDERED A MATERIAL FAILURE TO COMPLY

WITH THE REQUIREMENTS OF THE RFP AND WILL RESULT IN REJECTION

OF THE RESPONSE.

Please contact Texas A&M University-Texarkana’s Assistant Vice President for Business

Services, Kristen Tullos, at ktullos@tamut.edu or assistance with completion of requirements as stated.

1.5 Pre-Proposal Conference

There is not a pre-proposal conference scheduled for this solicitation.

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ mailto:ktullos@tamut.edu

SECTION 2

STATEMENT OF WORK

2.1 Goal

The goal of this RFP is to seek a contractor (or contractors) that is (are) capable of providing beverage and/or snack vending services for Texas A&M University-Texarkana.

2.2 Scope:

Each Respondent should submit a proposal in accordance with the requirements of this RFP.

BACKGROUND:

The current Beverage vending agreement is with Coca-Cola Southwest Beverages, LLC with an expiration date of December 31, 2025. The current snack vending agreement, which has expired, is with

Compass Group USA, Inc. by and through their Canteen Division. In the case where a different vendor is selected, it will be the expectation of the existing vendors to work collaboratively with the new vendor(s) in transition. We anticipate this transition to take place in the early part of spring 2026.

REQUIREMENTS:

The Contractor shall provide the following services:

The Contractor(s) shall be the provider for the University for vended products, the Contractor(s) shall operate all full vend beverage equipment and provide for bottled products and packaged products to be sold in vending machines.

The Contractor shall be responsible for supplying, installing, servicing and maintaining all vending equipment to sell, display or dispense beverages as required on campus at no cost to the

University. All equipment shall be maintained and remain like new throughout the term of the contract. Contractor shall be able to add or delete equipment during contract period with mutual agreement of both parties.

The Contractor shall be responsible for ensuring all machines are well stocked with a variety of products and that all products in the machines are fresh.

The Contractor shall provide service, maintenance and repair of all applicable vending and equipment within twenty-four (24) hours, seven (7) days a week, at no cost to the University.

Equipment shall remain clean and well maintained at all times.

The Contractor must set up a refund bank at the campus as mutually negotiated.

The Contractor shall provide, with their response, an example of monthly documentation and include sales and commission reporting clearly defining the data.

Marketing Initiative.

The University recognizes the importance of timely and effective marketing to promote the sale of beverages on campus. The Contractor shall develop and execute an effective marketing initiative. Any such marketing, which includes the name, logo or trademark of the University, will require the prior written approval of the University. The marketing initiative should include strategies for the development and implementation.

Academic Initiatives.

The University recognizes the opportunities presented by academic initiatives supported by business. These represent an opportunity for an exchange of resources within the teaching and learning objectives of the University. The Contractor shall designate contributions and opportunities to be used to support academic opportunity, which can include exceptions or limitations to the use of these contributions or other resources. The Contractor should be creative in identifying opportunities in the area.

Electronic Commerce Initiatives.

The University will require contractor to supply credit card transaction readers that are compatible with the vending equipment and university would like to see these readers be completely compatible with mobile credentialing portion of the program. Contractor shall provide resources at no cost to the University to install card reader equipment to designated machines.

The University shall:

• Provide space and electricity for dispensing equipment and vending machines.

• Have final approval on placement of all machines.

Customer Service

Customer satisfaction is an important goal for any university service operation. The University is seeking a Respondent that will implement and maintain an effective, high quality, customer satisfaction policy in providing campus beverage service operations.

FINANCIAL CONSIDERATION:

Commission

The University in return for executing a contract for beverage services will require a direct financial consideration and prefers a flat commission rate. *Payments of any financial consideration to the University shall be received by the University no later than the fifteenth

(15th) of each month following the services.

Sponsorship

The University in return for executing a contract for beverage services will consider a direct sponsorship consideration. *Payments of any sponsorship consideration to the University shall be received by the University annually.

Gift Product

The University in return for executing a contract for beverage services will consider gift products for the University to use for special events on an as needed basis. The annual consideration might include soft drinks, water, event coolers and special dispensers for events conducted by departments on campus who entertain campus groups and campus guests.

Promotional Events

The University in return for executing a contract for beverage services will consider opportunities for assorted items to be used for promotional events during the fall and spring semesters that could be utilized at sporting or recreational events.

Submission of any payment for commission or sponsorship (monthly or annually) and coordination of any gift product or promotional event items shall be submitted or managed accordingly.

*Automated Clearing House (ACH) is a possibility for monthly commission payments generated by the proposer.

Equipment

The Contractor shall have complete responsibility for the financial administration of all equipment.

PROPOSAL RESPONSE:

The Proposer shall submit a complete and comprehensive proposal stating how they intend to meet the requirements of this RFP. This plan must be in sufficient detail to permit evaluation by the University.

SECTION 3

SELECTION PROCESS

3.1 Selection Process

University will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

The RESPONDENT selected will be the one who’s experience and qualifications, as presented in response to this RFP, establish them, in the opinion of University, as well qualified and offering the greatest benefits, experience and value to University. University 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 University determine in its sole discretion that only one RESPONDENT is fully qualified, or that one vendor is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that RESPONDENT. The award document will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the RESPONDENT’s proposal as negotiated.

Submission of proposals indicates RESPONDENT's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by University during the evaluation process.

The selection of the successful proposal may be made by University 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 University on the basis of negotiation with any of the RESPONDENTS.

University 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, University 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.

University reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

University 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 vendor.

Respondent may be requested to provide an on-site presentation/interview. Respondent will be notified in writing for the detailed invite. The date has not been set for presentations/interviews, but we will communicate that if your company is selected to present.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by Texas A&M University-Texarkana Business Services Department no later than 11:30 P.M. CENTRAL TIME, DECEMBER 14, 2025 through the online portal.

Proposals are to be submitted online at https://it-lf-ecmf2.it.tamu.edu/Forms/wB5tD

Late proposals will not be considered under any circumstances. Late proposals properly identified will be returned to the Respondent unopened.

Telephone and/or facsimile (Fax) proposals are not acceptable under any circumstances.

4.2 Notice of Texas A&M University-Texarkana Holidays – Offices Closed

Texas A&M University-Texarkana offices will be closed for the agency’s holidays as indicated below:

Thanksgiving – 12:00 CST, November 26, 2025, through November 28, 2025

Telephone calls and emails will not be answered, and mail and deliveries will not be received during these holiday periods. Respondents are advised to consider these dates when scheduling telephone calls, emails, and mailing or delivery of proposal responses.

4.3 Submittal Instructions

Proposal responses including Execution of Offer must be signed by the Respondent’s company official authorized to commit such proposals.

Submit the entire file online through the website listed above in a single file of the complete proposal. Failure to do so may be grounds for rejection of your response.

NOTE: All electronic copies must either be in Microsoft Office Software or Adobe Portable

Document Format (PDF).

4.4 Special Requirement for Respondents

[Not applicable or already specified in other parts of this RFP.]

4.5 Proposal Content and Components

4.5.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements and specifications set forth in this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the requirements and specifications set forth in this RFP.

4.5.2 Respondents are requested to submit a proposal that represents their best offer, as Texas

A&M University-Texarkana does not anticipate utilization of the “Best and Final Offer” process.

4.5.3 Proposal text is to be typed single-spaced on one side of each page. All pages are to be on 8

½ X 11-inch paper with all pages numbered sequentially and correspond with the table of contents.

4.5.4 The following information is to be returned as part of your proposal response.

Proposals submitted without this information will be evaluated accordingly:

• Signed Execution of Offer

• Completed Proposal Form

• Felony Conviction Notification

• Non Collusion Affidavit

• HUB Subcontracting Plan (if applicable)

• Introduction/Cover Letter: Provide a letter of introduction. The letter should highlight or summarize whatever information the Proposer deems appropriate. This section shall include the contact name, name of firm, address, telephone number, fax number and e-mail address of the designated person to whom all correspondence should be directed.

• History of the Company/Legal Structure: Proposer should include a description of the organization, its history, the company’s ownership structure, officers and directors and number of employees. Proposer should provide a Certificate of Legal Existence, Certificate of Good Standing, or document of similar import, evidencing its existence in the state of its incorporation. Proposer should provide a corporate resolution of authority granting the signatory binding authority to act on behalf of the Proposer and all partners and/or subordinate entities.

• Financial Strength: Provide proof of the company’s current financial status and its financial capacity. Include financial information of any other corporate affiliate or parent company upon whose resources the Proposer may rely. Such documentation may include, without limitation, credit information, credit references, annual reports and audited financial statements for the last 3 years.

• Financial Proposal: Identify a proposed compensation structure the Proposer will provide to the University. The Proposer is expected to submit its best offer in response to the services contained in this Request for Proposals. The University will base any resultant

Agreement on the specific information included in the Preferred Proposal. Provide full and complete information relative to Proposer’s ability and plan to deliver the services requested in a manner consistent with the information provided by the University in this

RFP and the financial arrangements under which such services would be delivered.

• Comparable Experience/Representative Projects: Provide a detailed statement of the

Proposer’s relevant or comparable experience.

• Comparable Clients/Services and Nature of Contract: Identify four (4) similar current clients, indicating the scope and length of each agreement. The information shall include start and end date of contract or agreement, general financial terms, scope of the activities and operations for which the Proposer is responsible. If you have less than four clients, indicate that your response includes your full client base.

• Discontinued Accounts: Identify all client situations that have been discontinued within the last four years including whether the agreement was terminated or not renewed, the source of initiative for ending the contract and the contract administrator’s name, email address and telephone number. The University reserves the right to contact one of these accounts as an additional reference.

• References: Include a minimum of four (4) similar current clients the University may contact for reference purposes. Provide client entity name, primary contact name and title, phone number and mailing address.

• Proposer’s Additional Information: Provide any other information that would be appropriate and helpful in determining the Proposer’s capacity and reliability to provide the services outlined in this RFP. Information should include marketing materials, background information or descriptive examples of the company’s work.

4.6 Texas A&M University-Texarkana Contact

Any questions or concerns regarding this Request for Proposal shall be directed in writing to:

Kristen Tullos

Texas A&M University-Texarkana Procurement Services

7101 University Ave Texarkana, TX 75503

Email: ktullos@tamut.edu

Phone: 903-223-3053

Texas A&M University-Texarkana specifically requests that Respondents restrict all contact and questions regarding this RFP to the above-named individual.

mailto:ktullos@tamut.edu

4.7 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum. Only inquiries which are replied to by formal written addenda shall be binding.

Oral and other interpretations or clarifications will be without legal effect.

NOTICE: THE DEADLINE FOR WRITTEN QUESTIONS IS 12:00 P.M. CENTRAL TIME,

December 5, 2025.

Notice: It is the responsibility of Respondents who download this RFP from the Electronic State

Business Daily (https://www.txsmartbuy.com/esbd) to check the website for any addenda for this RFP.

All such addenda issued by Texas A&M University-Texarkana prior to the time that proposals are received shall be considered part of the RFP. The Respondent shall consider and acknowledge receipt of such addenda by including signed copies of such addenda in their response.

The addendum for listing all questions and answers is scheduled to be available posted on the above referenced website on December 8, 2025 by 3:00 pm.

4.8 Terms and Conditions and Contract

All terms and conditions and other requirements contained in this RFP shall govern any Agreement issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to University shall result in the disqualification of the proposal. By submitting a response to this RFP, you affirm your company’s intention to enter into an agreement under the terms and conditions listed in the contract example. No other form of contract will be utilized as a result of this RFP.

http://www.txsmartbuy.com/esbd) http://www.txsmartbuy.com/esbd)

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.1.1 Proposal should be prepared simply and economically, providing a straightforward and concise description of the Respondent's ability to meet requirements of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the RFP's requirements.

5.1.2 The University reserves the right to accept or reject any and all proposals, to waive informalities and technicalities, and to accept the proposal considered the "best value" and most advantageous and award to the most responsive proposal. Additionally, all Respondents are hereby notified that Texas A&M University-Texarkana shall consider all factors it believes to be relevant in the selection of the most responsive proposal including but not limited to both subjective and objective criteria and the ability of the Respondent to perform the requirements of this RFP.

5.1.3 This RFP is a solicitation for proposals and is not a Contract or an offer to Contract. The

University is not obligated to award a Contract and reserves the right, at the University’s exclusive option to: (1) enter into Agreements or other Contractual arrangements for all or any portion or portions of the requirements and specifications set forth in this RFP with one or more Respondents; (2) reject any and all proposals and re-solicit proposals; (3) reduce/revise the scope of work and choose portions of the work that are within the

University’s budgetary limits or (4) reject any and all proposals and temporarily or permanently abandon the procurement, if deemed to the best interests of University.

Additionally, the University reserves the right to make award/s and enter into Agreement/s that stipulate options to purchase all or only specific parts of the items and/or services included in the awarded proposal/s on an “as needed” basis or an “as funded” basis.

By responding to this RFP, the Respondent fully understands and agrees that award/s and resulting Agreement/s for the purchase of any or all portions of the items and/or services included in this RFP is contingent upon availability of sufficient funding.

5.1.4 Proposals are to be valid for a minimum of ninety, (90) days from the submittal deadline date to allow time for evaluation, selection and any unforeseen delays.

5.1.5 The Respondent agrees to protect the State of Texas and the University from claims involving infringement of patents or copyrights.

5.1.6 The Respondent hereby assigns to purchaser, 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).

5.1.7 No substitutions or cancellations permitted without written approval of the University.

5.1.8 Upon award, delivery shall be effective as stated unless the Respondent obtains approval from University for late delivery. Delivery shall be made during normal working hours only unless University approves otherwise. Delivery may be a factor in award.

5.1.9 Proposals and any other information submitted by the Respondent in response to this RFP shall become the property of the University.

5.1.10 Respondents electing to reply to this RFP are responsible for all cost incurred by the

Respondent for proposal preparation, submittal, presentations (oral or otherwise) that may be made, or any other cost. The University is not liable for any cost incurred by

Respondents.

5.1.11 Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal. Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by University at its option.

5.1.12 Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after if has been submitted or filed in response to this RFP. However, upon written request by the Respondent, a proposal may be withdrawn or withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal

Deadline without University’s consent, which shall be based on the Respondent’s written documentation evidencing a reason acceptable to University in its sole discretion.

5.1.13 Products and services awarded as a result of this RFP may be extended to other Institutions of

Higher Education as defined by Section 61.003 Education Code, Government Code Section

2155.134. Other individual institutions may or my not elect to use this agreement.

5.2 Alternate Proposal

University 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.

Definitions

Whenever the following terms are used in any part of this RFP the intent and meaning shall be interpreted as follows:

RFP shall mean Request For Proposal.

UNIVERSITY shall mean Texas A&M University-Texarkana.

TPASS shall mean Texas Procurement and Support Services Division (formerly the TBPC).

HUB shall mean Historcially Underutilized Business as certified by the State of Texas

HSP shall mean HUB SubContracting Plan

Respondent shall mean the individual, partnership, corporation, or other entity that submits a response to this RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded a

Contract or Agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein

Agreement / Contract shall mean the formal Contractual Agreement entered into between Texas A&M University-Texarkana and the Respondent as a result of this

RFP by means of purchase order and/or separate written contract.

5.3 Time of Performance

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

5.4 Default

In the event that the Respondent fails to carry out or comply with any of the terms and conditions of the

Agreement with the University, University may notify the Respondent of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the

Respondent fails to remedy such failure or default within the ten (10) day period, University shall have the right to cancel the Agreement upon ten (10) days written notice.

The cancellation of the Agreement, under any circumstances whatsoever, shall not effect or relieve

Respondent from any obligation or liability that may have been incurred or will be incurred pursuant to the Agreement and such cancellation by University shall not limit any other right or remedy available to

University at law or in equity.

5.5 Termination

5.6.1 For Convenience:

The Agreement may be terminated, without penalty, by Texas A&M University-Texarkana without cause by giving ninety (90) days written notice of such termination to the

Respondent.

5.6.2 Upon award, the Agreement is subject to termination, without penalty, either in whole or in part, if funds are not appropriated.

5.6.3 The insurance policy shall provide for termination by the carrier only upon presentation of a written notice to University thirty (30) days prior to termination date.

5.6.4 In no event shall such termination by University as provided under this Section give rise to any liability on the part of University including, but not limited to, claims of Respondent for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing.

University’s sole obligation hereunder is to pay Respondent for goods and services received and approved by University to the date of termination.

5.7 Warranties

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

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

Agreement. Defects shall not be deemed waived by University. Failure to notify Respondent upon receipt of goods or completion of services, or by payment of invoice.

5.7.2 All goods and services provided under the Agreement shall meet or exceed the Safety

Standards established and promulgated under the Federal Occupational Safety and Health

Administration (Public Law 91-596) and its regulations in effect or proposed as of the date of the Agreement.

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

5.7.4 TECHNOLOGY ACCESS CLAUSE - The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to Texas A&M

University-Texarkana that the technology provided to Texas A&M University-Texarkana for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

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

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

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

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology or by means such as assistive devices or services which would constitute reasonable accommodations under the Americans

With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance."

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

EIR product deliverables included as part of the service requirements meet at least those technical provisions identified as applicable in the attached Voluntary Product/Service

Accessibility Templates (VPATs).

For EACH applicable EIR product, RESPONDENTS should provide the following accessibility information by way of Voluntary Product Accessibility Templates (VPATs)

(See EXHIBIT C) or other equivalent reporting templates. RESPONDENTS must describe how the EIR product deliverables included as part of the service requirements meet the following requirements.

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

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

3. Information, Documentation, and Support described in 1 TAC §213.36 (i.e., Section 508 equivalent - 36 CFR Part 1194 Subpart D)

EIR Category Technical Accessibiliy Stndards Section 508 Equvalent

Software Applications and

Operating Systems

1 TAC §213.30 36 CFR §1194.21

Websites 1 TAC §206.70

Web Content Accessibility

Guidelines (WCAG) 2.0, Level AA

36 CFR §1194.22

Telecommunications Products 1 TAC §213.31 36 CFR §1194.23

Video and Multimedia Products 1 TAC §213.32 36 CFR §1194.24

Self-Contained, Closed Products 1 TAC §213.33 36 CFR §1194.25

Desktop and Portable Computers 1 TAC §213.34 36 CFR §1194.26 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=30 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=206&rl=70 http://www.w3.org/TR/WCAG20/ http://www.w3.org/TR/WCAG20/ http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=31 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=32 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=33 http://info.sos.state.tx.us/pls/pub/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=1&pt=10&ch=213&rl=34

Only proposals which contain adequate information to document their responsiveness to the

EIR accessibility requirements (VPATs and supporting documentation including test documentation) will be eligible for consideration.

5.8 Agreement Amendments

Any Agreement resulting from this RFP may be modified or amended as negotiated and /or mutually agreed upon by University and Respondent. No modification or amendment to any Agreement resulting from this RFP shall become valid unless agreed in writing and signed by both the University and the

Respondent. All correspondence regarding modifications or amendments to the Agreement must be forwarded to the Procurement Services Department for prior review and approval. Only the University

Vice President for Business and Administration or his/her designee will be authorized to sign changes or amendments to any Agreement resulting from this RFP.

5.9 Independent Vendor Status

Respondent agrees that Respondent and Respondent's employees and agents have no employer-employee relationship with University. University shall not be responsible for the Federal Insurance Contribution

Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers

Compensation Insurance payments, or any other insurance payments, nor will University furnish any medical or retirement benefits or any paid vacation or sick leave.

5.10 Right to Audit

Respondent understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Respondent further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested.

Respondent will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Respondent and the requirement to cooperate is included in any subContract it awards.

5.11 Title, Risk of Loss and Freight

The title and risk of loss of any goods shall not pass to University until the goods are actually received, taken possession of, and accepted by the University at point of delivery. All goods furnished hereunder shall be delivered F.O.B. destination, freight prepaid and allowed. Respondent shall be responsible for any and all freight claims.

5.12 Acceptance of Goods and Services

All goods furnished and all services performed under the Agreement shall be to the satisfaction of

University and in accordance with the specifications, requirements, terms and conditions of this RFP and the Agreement. University reserves the right to inspect the goods furnished or services performed, and to determine the quality, acceptability, and fitness, of such goods or services.

All goods and equipment furnished must be new and unused at the time of delivery. All equipment must be provided with standard manufacturer’s warranty. Instruction, service and parts manuals are to be furnished at no charge. All manuals must be in English.

5.13 Ownership of Deliverables

Upon acceptance by University of any an all deliverables, such deliverables shall become the property of and full ownership conveyed to the University. Such deliverables shall include, but not be limited to, maps, charts, publications, reports and other documents, datasets, software (including licenses and permits), and any other items created by the work performed by the Respondent. All copyrights, printing/reprinting and publishing/republishing rights for any publications shall be in the name of, or conveyed to Texas A&M University-Texarkana.

5.14 Sales and Use Tax

The University as an agency of the State of Texas, is exempt from state and local sales and use taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Respondent may claim exemption from payment of applicable state taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. Do not include taxes in prices quoted for a proposal in response to this RFP.

5.15 Invoicing

Respondent shall submit two copies of an itemized invoice to the designated invoice address showing the purchase order number and this RFP number on all copies. In case of a problem on a disputed invoice or charge, Respondent will provide necessary information (i.e. duplicate invoice, shipping information and proof of delivery) at no extra charge to University within five (5) business days of request.

All credit memos will reflect the purchase order number, this RFP number and the original invoice number in which the charge was initiated.

5.16 Payment

Payment will be made upon submittal and approval of a valid invoice. The University shall make payment in accordance with Chapter 2251 of the Texas Government Code. It is the policy of the State of

Texas to make payment on a properly prepared and submitted invoice within thirty (30) days of the latter of any final acceptance of performance or the receipt of a properly submitted invoice.

All payments shall be made by electronic direct deposit. Respondent is required to complete and submit to the A&M System a Vendor Direct Deposit Authorization form prior to the first payment request. The form can be accessed at:

https://www.tamut.edu/administration/accounting/files/direct-deposit-form.pdf

5.17 Reporting

Respondent will provide reports as required to the University HUB Coordinator or his/her designee detailing the subcontracting activity, status, and updates of performance of services required in this RFP.

Respondent will provide the Contract Manager or his/her designee detailed progress and /or performance reports on a weekly or bi-weekly basis as determined by the University.

Respondent may be required to have monthly conferences with a Technical Team if one is appointed by the University

Respondent will provide other reports as may be sporadically required or requested.

5.18 Observance of University Rules and Regulations

Respondent agrees that at all times its employees will observe and comply with all regulations of Texas

A&M University-Texarkana, including but not limited to parking and security regulations.

https://www.tamut.edu/administration/accounting/files/direct-deposit-form.pdf

5.19 Recall Notice

Respondent shall, immediately upon discovery of same, advise University of any and all required replacement/modifications to equipment or component parts thereof or withdrawal of product by reason of safety hazard or recall regardless of the nature of same. Any verbal notification must be confirmed in writing within twenty-four (24) hours of such verbal notification. All such formal notices will be submitted to Texas A&M University-Texarkana Procurement Services Department.

5.20 Non-Disclosure

Respondent and University acknowledge that they or their employees may, in the performance of any

Agreement resulting from this RFP, come into the possession of proprietary or confidential information owned by or in the possession of the other party. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organizations, whether or not directly or indirectly affiliated with the Respondent or University unless required by law.

5.21 Publicity

No public disclosures or news releases pertaining to this RFP or any details thereof shall be made public without prior written approval of the University. Respondent agrees that it shall not publicize any

Agreement or disclose, confirm, or deny any details thereof to third parties or use any photographs or video recordings of University’s name in connection with any sales promotion or publicity event without the prior written approval of University.

5.22 Severability

If one or more provisions of the resultant Agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the Agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

5.23 Non-Waiver of Defaults

Any failure of University at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this RFP and any resulting Agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of University at any time to avail itself of same.

5.24 License and Permits

Respondent will obtain and maintain at its own expense, and in its name, all necessary licenses and permits required to perform the services required herein.

5.25 Non-discrimination

The Respondent and its agents and employees are prohibited from engaging in or allowing any impermissible discrimination on the basis of race, religion, color, national origin, age, sex, disability, genetic information or veteran status in relation to (1) the Respondent’s employment practices; (2) the performance of the Respondent’s obligations under the Agreement. In performing its obligations under the Agreement, Respondent shall be subject to and shall comply with all currently effective or subsequently promulgated polices regarding non-discrimination issued by either the University or the

Texas A&M University System.

5.26 Compliance with Law

The Respondent shall comply with any applicable federal, state, and local laws and regulations in performing its operations under the Agreement.

5.27 Federal Laws and Regulations

By submitting a signed proposal in response to this RFP, the Respondent certifies that it is fully informed about, and in full compliance with its obligations under existing applicable laws and regulations, including, but not limited to:

Title V1 of the Civil Rights Act of 1964, as amended (42 USC 2000(D));

Civil Rights Act of 1991;

Executive Order 11246, as amended (41 CFR 60-1 and 60-2);

Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250);

Rehabilitation Act of 1973, as…