ESBD_474524_1765237994290_Bookstore Operations RFP B260002.pdf

EAST TEXAS A&M UNIVERSITY

PROCUREMENT SERVICES

REQUEST FOR PROPOSAL

RFP NUMBER

B260002

Bookstore Operations

PROPOSAL MUST BE RECEIVED BEFORE:

3:00 PM Central Time, February 3, 2026

PROPOSALS SHOULD BE UPLOADED TO:

https://dms.tamuc.edu/Forms/Bid

Proposal must be received in the East Texas A&M University Procurement 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 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.

REFER ALL INQUIRIES TO:

Travis A. Ball, MSc, CTPM East Texas A&M University

Executive Director, Business Services & CPO Phone 903-886-5060 Fax: 903-886-5039

Email: Travis.Ball@etamu.edu

Table Of Contents

SECTION 1 GENERAL………………………………………………………………….4

SECTION 2 PROPOSAL RESPONSE…………………………………………………..7

SECTION 3 SELECTION PROCESS…………………………………………………...9

SECTION 4 GENERAL INFORMATION……………………………………………...10

SECTION 5 GENERAL TERMS AND CONDITIONS………………………………..14

SECTION 6 CONTRACTUAL REQUIREMENTS…………………………………….24

SECTION 7 KEY EVENTS SCHEDULE………………………………………………27

Attachments:

Execution of Offer Non-Collusion Affidavit Felony Conviction Notification Proposal Form Insurance Requirements Specification Package (if applicable) HUB Subcontracting Plan ( if applicable)

SECTION 1

GENERAL

1.1 Scope

East Texas A&M University (herein referred to as University or the University) is soliciting proposals from interested respondents to manage and operate the University Bookstore located in the Rayburn Student Center on the University campus in Commerce, Texas. The University is an institution of higher education located on US 50, Commerce, TX. This Request for Proposal is issued to solicit proposals from qualified, experienced, financially sound and responsible organizations for the management and operation of the Bookstore. It is the intention of the University to contract with a single company to provide bookstore management as 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. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.

University currently has a contract in place for its bookstore management with Bibliu. In the event of a new vendor being selected as the bookstore vendor, it will be expected that the two parties work collaboratively on the transition.

1.2 History

East Texas A&M University was founded in 1889 as East Texas Normal, and at various times has been known as East Texas State Normal College; East Texas State Teachers College; East Texas State College;

East Texas State University and became a component of the Texas A&M University System in 1996. The University is located in Commerce, Texas, approximately sixty-five (65) miles northeast of the Dallas/Fort Worth Metroplex.

East Texas A&M University is a multi-purpose, regional state university, serving the people of Texas, as well as out-of-state and international students. As a center of learning, East Texas A&M University accepts its responsibilities for teaching, scholarly research and creative activities, and public service.

East Texas A&M University encourages an active intellectual environment by supporting scholarly research and creative activities that advance human achievement and stimulate the intellectual growth of both faculty and students.

East Texas A&M University provides educational programs necessary for professional success of personal growth, and responsible citizenship. Through both formal and informal activities, students have the opportunity to acquire knowledge; learn reasoning and communication skills; examine their goals, values and potentialities; and, develop an enduring commitment to learning.

East Texas A&M University serves its region by providing information, facilities, research and resources to address the needs of its constituency and by sharing its public educational programs, cultural activities, and the expertise of its personnel.

1.3 Contract Term

The university anticipates an original contract period for an agreement resulting from this RFP will be for five (5) years with the option to renew for an additional five (5) year period. Respondents may propose an alternate contract term if desired.

1.4 East Texas A&M University HUB Policy and HUB Subcontracting Requirements

It is the policy of East Texas A&M University 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 East Texas A&M University 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.

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 East Texas A&M University ’s Chief Procurement Officer, Mr. Travis Ball, at Travis.Ball@etamu.edu for assistance with completion of requirements as stated.

1.5 Pre-Proposal Conference

There will be a Pre-Proposal Conference for this solicitation.

Date: Wednesday, December 17, 2025 Time: 10:00 a.m.

Location: BSS Conference Room, McDowell Business Administration Building, Room 170

At the completion of the meeting, interested vendors will have the opportunity to do a site visit of the existing bookstore.

mailto:Travis.Ball@etamu.edu

SECTION 2

STATEMENT OF WORK

2.1 Goal

The goal of this RFP is to seek a sole vendor that can provide all management, supplies, inventory and personnel for the bookstore located in the Rayburn Student Center at East Texas A&M University.

2.2 Requirements:

2.1.1 Basic Requirements: Each Respondent should submit a proposal in accordance with the requirements of this RFP.

2.3 Current Bookstore Operations

The University Bookstore main campus location is on the first floor of the Rayburn Student Center (RSC) on the East Texas A&M University campus.

Currently, the Rayburn Student Center bookstore location configuration is a total of 4,433 square feet and access to the buildings’ loading dock is available.

Bookstore = 3761 sf Offices = 256 sf Storage = 416 sf

The bookstore makes available for sale and rent, required textbooks and supply items for all courses offered by the University, including courses that are offered at off-site campus connections; East Texas A&M at Dallas, Mesquite Metroplex Center, and Corsicana. In addition, the store sells emblematic merchandise licensed by the University, trade books, and other items typically sold in campus stores for the convenience of students, faculty, staff, and general public. Academic regalia and diploma frames are sold at the store for graduation ceremonies.

Note: Class rings and graduation announcement merchandise is not sold in the bookstore and are not included in this RFP. In addition, there is no exclusive access to Financial Aid.

2.4 Vendor Requirements

Vendor shall offer/propose to provide the necessary management and operation services of the University campus bookstore. Areas of responsibility, requirements and specifications to be included in these services are listed below.

• Facilities

• Personnel/Management Team

• Sales/Marketing & Special Events

• Inventory

• Accounting

• Reports

• Transition

The current bookstore operation is described in Section 2.3. Vendors shall offer solutions and recommendations as to how they would operate and manage the bookstore.

2.4.1. Facilities

2.4.1.1. The available space for the main location of the bookstore consists of 4,556 square feet in the Rayburn Student Center (RSC) on the campus of East Texas A&M University. The loading dock is available at the first level.

Vendor shall consider available space and make recommendations for maximizing space for best sales and marketing.

2.4.1.2. Vendor shall indicate hours of operation for the above facilities.

2.4.1.3. Vendor shall provide information or plans concerning the use of any off-campus facilities to support the bookstore(s) in areas of accounting, administration, personnel, inventory and storage as part of their management plan.

2.4.2. Facilities Change or Modification

2.4.2.1. Vendor shall detail their intentions in regard to accepting or redesigning the current layout and renovating the area. Any design proposals shall include all conceptual drawings and reasons for the decisions in making the recommendation.

2.4.2.2. Any proposed change or modification of office area, accounting, and storage facility shall be indicated and include conceptual drawings. Future upgrades of design shall be addressed within the agreement period to address changes within the sales area and/or based on selling trends.

2.4.2.3. All designs shall meet all ADA requirements and local codes.

2.4.2.4. Change or modification shall also address fire safety standards and evacuation plans in case of disaster/fire. Fire alarms and water sprinklers are currently in the building and maintained by the University. Vendors shall indicate acceptance of fire equipment as adequate and sufficient for safety and insurance requirements. If Vendor does not feel the area is adequately covered they must propose an alternative with all costs associated.

2.4.2.5. Any design/renovation must be approved by the University. All design and renovation plans and changes will require prior written approval.

Design/renovation services shall be included in the pricing of the proposal.

2.4.3. Facilities Maintenance

All facilities referenced in this RFP shall be maintained by the successful vendor.

2.4.3.1. Facility maintenance shall project a clean, well-kept, highly maintained image to visitors and students.

2.4.3.2. Vendor shall include information in regard to maintenance personnel, janitorial services, and repairs/supplies. Vendor shall also include information such as schedules for repairs, preventative maintenance, cleaning, training, etc.

2.4.3.3. Maintenance services are to be included in operation services pricing.

2.4.4. Utilities

The University will provide access to reasonable utility services including domestic hot and cold water, heat, air conditioning, electricity, and trash removal.

The University will provide all telephone service, including but not limited to installation, monthly equipment charges, local and long distance charges, internet resources or similar services. These costs will be the responsibility of the successful Vendor. Successful Vendor will be responsible for any additional telecommunication installations and/or equipment that is necessary to conduct bookstore business. University does not guarantee an uninterrupted supply of utilities.

Within sewage and trash disposal services, Vendor shall address the use of recycling services whenever possible. Proper disposal of cleaning solutions in the maintenance, up keep, and repair of the bookstore area shall be addressed by the Vendor. Area is to be kept clean and all trash and shall be disposed of properly.

2.4.5. Personnel and Management Team

Vendor shall indicate the number of employees that are anticipated for the operation of the bookstore and submit names and qualifications of the proposed management team.

The work atmosphere must mirror the University work environment.

2.4.5.1. Bookstore employees shall be easily identifiable by nametags or uniforms and shall abide by the University rules for parking, non-smoking, etc.

2.4.5.2. The Vendor shall indicate the proposed bookstore manager and the official point of contact for this contract. Provide resumes of anticipated store manager and textbook manager. Please include regional and senior administration involvement on the University campus. Describe how store personnel will be active members of the community.

2.4.6. Sales

Vendor shall indicate the following in their proposal:

2.4.6.1. Vendor shall indicate how they propose to maintain sales and the subsequent estimated profits and projected commissions.

2.4.6.2. Vendor shall indicate how they plan to control costs of textbooks and other instructional material. To include virtual instructional materials and instructional materials provided to students through Inclusive Access.

2.4.6.3. Sales in the bookstore are primarily to students, former students, and the general public. Vendor shall indicate how they propose to increase the sales and the type of marketing strategies that would be incorporated.

2.4.6.4. Sales through the Internet are expected to continually increase. A “premier page” designed to identify this as the official University Bookstore home page shall be developed and shall include online ordering capabilities for textbooks, textbook subscription services, general books, course catalogs, school supplies, apparel and general merchandise. Vendor shall demonstrate online capabilities for accepting textbook requisitions for faculty and textbook reservations for students. Please describe how you will facilitate online ordering and customer pickup in the existing bookstore space. The page must incorporate the latest web technology and promote sales/marketing. Part of this online system shall be to indicate availability of stock and location. The system shall have all the necessary PCI compliance requirements for accepting credit cards. Demonstration of the online system may be required.

2.4.6.5. All logos and artwork, whether associated with the webpage or applied to merchandise, must be approved by the University.

2.4.6.6. Licensed University products are expected to be marketed by the Bookstore.

Vendor shall indicate their strategy to highlight and focus on new products and top selling items of licensed products. Exclusive and non-exclusive sales of merchandise shall be addressed in the proposal with detail concerning any commissions or guarantees.

2.4.6.7. Return or repeat customers are expected at the bookstore. Describe incentives for customers, special card status, mailing lists, etc.

2.4.6.8. The sale and/or rental of required textbooks and supply items for all courses constitutes a large portion of sales. Indicate pricing structure of textbooks, availability, and return policy.

Students may currently register online through the My Leo portal. Vendor shall indicate willingness to develop and provide technology to promote online ordering of all textbooks and supplies at time of registration. The availability of stock, price of books and supplies, location for pick-up and/or delivery, and acceptance of payment, i.e. Lion Cash, credit cards, checks shall be provided with the technical proposal.

2.4.6.8.1. Upon completion of the semester, students often decide to resell their textbooks. Vendor shall describe return policies and procedures and indicate any incentive programs to induce students to return books. Describe the incentive.

2.4.6.9. Vendor shall indicate ability to provide textbook subscription services to students through online ordering (website) system. Proposer shall include information concerning online subscription services with any proposed discounts. Vendor shall provide information for discount(s) for percentage increase as subscription prices increase. The University delegates publication of ISBN information related to adoptions and expects this information to be visiable online as well as at retail locations.

2.4.6.10. Describe sales program of academic regalia for graduation and other ceremonies.

2.4.6.11. Describe sales and merchandising programs, including discount programs, to the University departments, faculty, and staff.

2.4.6.12. The University currently has an exclusive beverage contract. Vendor shall honor the terms and conditions of the University’s Beverage contract.

2.4.7. Marketing and Special Events

Marketing of the University Bookstore is of extreme importance. Marketing strategies must be directed to increase visibility, ownership, and patronage loyalty.

2.4.7.1. Vendor shall indicate how they intend to develop and promote the marketing plan for the Universty Bookstore. The plan shall incorporate latest technology for on line ordering, facility design and promote visibility, ownership, patronage loyalty, and return customers.

2.4.7.2. Vendor shall indicate how the Bookstore shall be integrated into the campus activities and feature products specific to those activities (i.e. Lion Camp and Lion Walk, Homecoming, First Week of Classes (both semesters), etc.)

Vendor shall provide plans to address exclusive and non-exclusive merchandise sales (commissions) for specific merchandise such as athletic apparel, casual apparel, dress apparel, recreational, and sport apparel as well as associated products including online sales. Vendor shall indicate how the Bookstore can support or enhance sales at athletic events. Direct engagement and collaboration with Intercollegiate Athletics is common and expected to be considered in your proposal. The successful vendor must staff football and other athletic events, both in store and game day remote sites.

2.4.7.3. The University hosts camps and enrichment programs throughout the year with the greatest concentration held during the summer. Vendor shall indicate a strategy for marketing to these participants.

2.4.7.4. Vendors shall propose ideas for student scholarship opportunities.

2.4.8. Inventory

Vendor shall have sufficient inventory and meet demands of the students, faculty, staff, and the general public. Proposal shall indicate company philosophy on inventory/stock, turnover, obsolescence, and inventory loss.

2.4.8.1. Class materials and book adoption list from each college/division is provided to bookstore management.

2.4.8.1.1. The vendor has been the repository of this information and has the responsibility to provide the information to area bookstores and students.

2.4.8.1.2. Vendor shall indicate their acceptance of responsibility of repository and shall propose a schedule to provide information to local area bookstores and students.

2.4.8.2. The Vendor shall carry and promote sales of classroom materials and other educational materials. Classroom materials or other materials required with a textbook must be offered as bundled or unbundled. Vendor should address sales, markup, and handling of classroom materials generated or published by the University faculty and staff.

2.4.8.3. The Vendor shall provide information on willingness to develop and promote products through sales at the satellite locations, if desired by the University.

2.4.8.4. Vendor shall promote the different “colleges and divisions” at the University through college specific inventory. Additionally, the Bookstore shall promote books and materials published by faculty and staff of the University.

2.4.8.5. Successful vendor will be required to purchase existing bookstore inventory at cost, including all rental inventory.

2.4.9. Accounting and Reporting

The Vendor shall indicate how the accounting and reporting of sales and the profits will be accomplished.

2.4.9.1. Vendor shall allow auditing of all sales, inventory and operations of the bookstore. Vendor shall provide to the University on an annual basis audited financial statements and sales tax reports. If accounting errors are detected, vendor shall correct and make necessary payments within twenty (20) working days.

2.4.9.2. Reports on sales, inventory, projections, accumulation figures and reconciliation of all accounting of the bookstore shall be made available on a monthly basis. Quarterly reports for sales, losses and returns are required.

Vendor shall provide additional information to the University upon request.

2.4.9.3. Vendor shall provide marketing strategies semi-annually to the Contract Administrator. The strategies shall offer solutions and suggestions to improve and promote sales and the usage of the bookstore.

2.4.10. Educational Opportunities

The bookstore provides excellent opportunity and education tools for students in business and education.

2.4.10.1. Vendor shall describe any opportunities associated with their management and operation services.

2.4.10.2. Vendor shall indicate areas of employment opportunities such as sales, marketing, management and facility operation for students.

2.4.10.3. Vendor shall indicate willingness to assist with education tools/projects that focus on marketing, management, and facility operation.

2.5 University Responsibilities

2.5.1. The University will provide space as described in Section 2.4.3. The University will review and make suggestions as to the facility concept and will review all proposed construction renovation plans. University approval is required on any construction/renovation plans.

2.5.2. The University will provide the utilities to the successful vendor.

2.5.3. The University will assign a contract manager whom will oversee the management of the contract and will be the point of contact for the agreement.

2.5.4 The University will maintain the fire extinguishers at all locations on campus.

2.6 Financial Offerings

2.6.1. The ability to partner with vendors and work together to reinvest in our University is of great importance. Vendorss should include financial incentives for each year of the Contract. Information should be provided for each incentive included in the proposal. The

University will review additional considerations/benefits and programs presented in the proposals.

2.6.2. Vendors shall provide details regarding, but not limited to:

2.6.2.1. An annual exclusivity fee provided to the campus for the ability to provide exclusive bookstore services.

2.6.2.2. A one-time signing bonus, to be used at University discretion, upon contract execution.

2.6.2.3. Commissions, royalties and other considerations.

2.6.2.3.1. Revenues from all sales will be commissionable. Propose a commission percentage based on gross sales on all sales categories.

2.6.2.3.2. If compensation is to be broken down by product categories, provide a detailed explanation of the compensation by category.

2.6.2.4. Respondent must specify any additional considerations or programs, such as rent payment for space, scholarship opportunities for students, or other benefits

2.6.2.5. Proposed revenues and commissions:

2.6.2.5.1. Vendor shall provide projected revenues and the basis for the projections.

2.6.2.5.2. Vendor shall provide commission rate based on gross sales.

Vendor may offer an escalating commission rate based on sales volume increases (% sales = % commission).

2.6.2.5.3. Vendor shall guarantee minimum amount for signing of contract and minimum amount of annual guaranteed commission.

2.6.2.6. Vendor shall provide online textbook subscription services and library content. Subscription services to be quoted at discount from list. Please state percent discount and the term for discount to be held firm.

Percent Discount __________________% Discount Term____________________%

Provide list of potential value connected with scholarship, educational opportunities and training tools.

2.7 Capital Investment Funding

2.7.1. Respondents must provide a proposal outlining the financial commitment of capital outlay dollars to support any remodeling of the bookstore facilities at the University.

The vendor must relate any plans for the renovation of the bookstore over the life of the contract, to include buildings, fixtures, and equipment.

2.7.2. Respondents should provide an amortization schedule that reflects such investment.

However, the amortization schedule should not exceed the initial term of the contract.

The University reserves the exclusive right to decline this proposal option.

2.8 Payments

Vendor shall provide a monthly report of sales and revenues by the 15th of the month following. Vendor will be required to provide a quarterly report of sales, revenues, and commissions at the end of each quarter. All commissions shall be paid on a quarterly basis by the 15th of the month following the end of a quarter.

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 whose 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. Respondent will be notified in writing for the detailed invite. The date has not been set for presentations, 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 East Texas A&M University Procurement Services Department no later than 3:00 P.M. CENTRAL TIME, FEBRUARY 3, 2026 through the online portal.

Proposals are to be submitted online at https://dms.tamuc.edu/Forms/Bid

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 East Texas A&M University Holidays – Offices Closed

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

Winter Break – December 24, 2025 through January 2, 2026

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 with a single file of the complete proposal.

Failure to do so may be grounds for rejection of your response.

NOTE: All electronic copies or “Jump Drive” 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 East Texas

A&M University 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

• Demonstrated Experience and Qualifications

• Company Information

• References

• Pricing in accordance with the specifications

• Copies of all addenda that may be issued for the RFP signed by same authorized

Respondent representative who signs the Execution of Offer, or acknowledgment on the Bid Form.

4.5.5 The proposal response should also include the following information. Proposals submitted without this information will be evaluated accordingly:

• A table of contents by section to the appropriate pages

• An executive overview that provides a concise overview of the services being offered to meet the requirements of this RFP, the Respondent’s general approach to providing the services and deliverables, and documentation as to why the Respondent is the best qualified.

• A proposal narrative that is concise yet offers a complete explanation of the project. Be specific in justifying the proposal in terms of the goals and objectives described in the

RFP.

• A statement of qualifications which includes:

a) Introduction – Content shall be at the discretion of the Respondent.

b) Company background – Must provide relevant experience (years in business) with projects of this size and scope.

c) Qualifications – Information provided for professional and support staff, and/or any

Subcontractors must demonstrate experience and qualifications in their particular work assignment for the project. Information provided for similar projects must be substantiated with current references. Describe the services you organization has provided in the past three (3) years that demonstrates your organization’s capability to carry out the proposed services.

d) Project management – Describe project organization and management methods that are most appropriate to perform the services and provide deliverables as required in this RFP. The description shall include procedures, cost and time schedules, and any other management considerations appropriate to this RFP. Contract and project managers and key personnel shall be identified. Any subcontractors shall be identified and the intended scope of their work detailed. Office locations for key personnel and any subcontractors shall be identified. The management methods shall address cost or price monitoring and control. The Respondent’s management and project tracking capabilities shall be described.

e) In response to this RFP, RESPONDENT must submit a Financial Proposal that clearly identifies all costs, fees and/or charges to East Texas A&M University over the term of the agreement. No particular form of Financial Proposal is required, but it must be clear and plainly identify all costs, fees and/or charges.

• Proposer shall provide a list of at least 3 references where they have provided management and operational services of this type and scope. References shall include, name of school, address, point of contact, and phone number. A negative reference may be cause for disqualification of proposal. On site visit of reference may be requested.

4.6 East Texas A&M University Contact

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

Travis A. Ball East Texas A&M University Procurement Services PO Box 3011 Commerce, TX 75429 Email: Travis.Ball@etamu.edu Phone: 903-886-5060 Fax: 903-886-5039

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

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,

January 5, 2026.

Notice: It is the responsibility of Respondents who download this RFP from the Electronic State Business Daily (https://www.txsmartbuy.gov/esbd) to check the website for any addenda for this RFP.

All such addenda issued by East Texas A&M University 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 January 13, 2026 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.

https://www.txsmartbuy.gov/esbd

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

A. TERMS AND CONDITIONS: East Texas A&M University 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 East Texas A&M University determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. East Texas A&M University reserves the right to award to the company, or companies, which in our sole judgment, will best serve our long-term interest.

This RFP in no manner obligates East Texas A&M University 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 East Texas A&M University 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 Office of General Counsel are essential prior to the execution of any resultant Agreement. In the event the Respondent does not supply terms and conditions with their submittal, East Texas A&M University terms and conditions will govern this transaction.

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

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

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

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

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

G. PUBLIC INFORMATION: Respondent is hereby notified that East Texas A&M Universitystrictly adheres to all statutes, court decisions, and the opinions of the Texas Attorney General with respect to disclosure of public information. The East Texas A&M Universitymay 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, East Texas A&M Universitywill consider all information, documentation, and other materials requested to be submitted in response to this RFP to be of a non-confidential and non-proprietary nature and therefore subject to public disclosure under the Texas Public Information Act, Texas Government Code, Chapter 552. Respondent will be advised of a request for public information that implicates its materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General

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

I. ANTITRUST: Respondent hereby assigns to East Texas A&M University, 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 East Texas A&M Universityor 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 East Texas A&M Universityor any of its Members, or (3) a person who employs a current or former executive head of East Texas A&M Universityor any of its Members.

K. REQUIRED CONTRACT TERMS: Respondent understands that the Administrative Services Agreement will contain the following terms and conditions or, in the sole discretion of East Texas A&M University, terms and conditions substantially similar to the following conditions (“Required Terms”). If Respondent takes exception to any of the Required Terms, Respondent will submit a list of exceptions as part of its proposal.

1. INDEMNIFICATION AND HOLD HARMLESS: Subject to the statutory duties of the Texas Attorney General, The Respondent shall defend, indemnify and hold harmless the A&M System, Members, and their regents, employees and agents (collectively, the “East Texas A&M UniversityIndemnitees”) from and against any third-party claims, damages, liabilities, expense or loss (each, a “Claim”) asserted against East Texas A&M UniversityIndemnities arising out of or related to (A) an allegation that any of the Services infringe upon, misappropriate, or otherwise violate the intellectual property rights of a third party, and/or (B) any acts or omissions of Respondent or its officers, employees, agents, representatives, or subcontractors pertaining to the activities and obligations under this Agreement, except to the extent such Claim arises from an East Texas A&M University Indemnitee’s gross negligence or willful misconduct.

2. EARLY TERMINATION: East Texas A&M University shall have the right to terminate this Agreement with the Respondent without penalty after a thirty (30) day’s written notice of termination to the Respondent under the following circumstances:

A. Default of Respondent

It shall be considered a default whenever the Respondent shall:

i. Disregard or violate material provisions of the Agreement or East Texas A&M University instructions or fail to execute the work according to the agreed upon schedule of completion and/or time of completion specified, including extensions thereof, or fail to reach agreed upon performance results.

ii. Declare bankruptcy, become insolvent, or assign company assets for the benefit of creditors.

B. Convenience of East Texas A&M University

Termination of this Agreement by the East Texas A&M University at any time for any reason.

Note: Any termination notice shall not relieve the Respondent of the obligation to deliver and/or perform prior to the effective date of the termination.

3. PROMPT PAYMENT ACT: Payment of invoices will be made thirty (30) days after receipt of a correct invoice and approval by East Texas A&M University. East texas A&M University’s payment shall be made in accordance with Chapter 2251, Texas Government Code (the “Texas Prompt Payment Act”), which shall govern remittance of payment and remedies for late payment and non-payment. 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, in conformance with the Texas Prompt Payment Act. Generally, payment will be made on the 30th day unless a discount has been arranged for more immediate payment.

4. DELINQUENT CHILD SUPPORT OBLIGATIONS: A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under an agreement to provide property, materials, or services until all arrearages have been paid or the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. The Texas Family Code requires the following statement be included in this Agreement, which is certified by the signatory of the vendor hereto:

“Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

5. LOSS OF FUNDING: Performance by East Texas A&M University under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the “Legislature”). If the Legislature fails to appropriate or allot the necessary funds, East Texas A&M University will issue written notice to Respondent and the East Texas A&M University may terminate this Agreement without further duty or obligation hereunder. Respondent acknowledges that appropriation of funds is beyond the control of East Texas A&M University. In the event of a termination or cancellation under this Section, East Texas A&M University will not be liable to Respondent for any damages that are caused or associated with such termination or cancellation.

6. PAYMENT OF DEBT OR DELINQUENCY TO THE STATE: Pursuant to Section 2252.903, Texas Government Code, Respondent agrees that any payments owing to Respondent under this Agreement may be applied directly toward certain debts or delinquencies that Respondent owes the state of Texas or any agency of the state of Texas regardless of when they arise, until such debts or delinquencies are paid in full.

7. USE OF NAME: Each party acknowledges that all rights in any trademarks, service marks, slogans, logos, designs, and other similar means of distinction associated with that party (its “Marks”), including all goodwill pertaining to the Marks, are the sole property of that party. Neither party may use the Marks of the other without the advance written consent of that party, except that each party may use the name of the other party in factual statements that, in context, are not misleading.

8. INDEPENDENT CONTRACTOR: The successful Respondent agrees that in all respects its relationship with the East Texas A&M University will be that of an independent contractor, and that it will not act or represent that it is acting as an agent of the East Texas A&M University or incur any obligation on the part of the East Texas A&M University without written authority ofEast Texas A&M University. As an independent contractor, Respondent will be solely responsible for determining the means and methods for performing the services described. Respondent shall observe and abide by all applicable laws and regulations, policies and procedures, including but not limited to, those of East Texas A&M University relative to conduct on its premises.

10. PUBLIC INFORMATION ACT:

(a) Respondent acknowledges that East Texas A&M Universityis obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law.

(b) Upon East Texas A&M Univesity’s written request, Respondent will promptly provide specified contracting information exchanged or created under this Agreement for or on behalf of East Texas A&M University to the East Texas A&M University in a non-proprietary format acceptable to Member that is accessible by the public.

(c) Respondent acknowledges that the East Texas A&M University may be required to post a copy of this fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

(d) The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and Respondent agrees that this Agreement can be terminated if Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

11. SUBCONTRACTING: It is the policy of the state of Texas and East Texas A&M University to encourage the use of Historically Underutilized Businesses (“HUB”) in our contracts, purchasing transactions and through subcontracting opportunities. The goal of the HUB program is to promote equal access and equal opportunity to HUB vendors in East Texas A&M University contracting and purchasing. Respondent will use good faith efforts to subcontract work performed under this Agreement in accordance with the HUB subcontracting plan attached hereto (“HSP”). Except as specifically provided in the HSP, Respondent will not subcontract any of its duties or obligations under this Agreement, in whole or in part. Furthermore, Respondent will comply with all of its duties and obligations under Section 20.285 of the Texas Administrative Code.

12. INSURANCE: Respondent shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth on Exhibit C attached hereto and incorporated herein by reference.

13. DISPUTE RESOLUTION: The resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by the East Texas A&M University and Respondent to attempt to resolve any claim for breach of contract made by Respondent that cannot be resolved in the ordinary course of business. Respondent shall submit written notice of a claim of breach of contract under this Chapter to the Deputy Chancellor and Chief Financial Officer for East Texas A&M University, who shall examine Respondent’s claim and any counterclaim and negotiate with Respondent in an effort to resolve the claim. This provision and nothing in this Agreement waives East Texas A&M Univeristy sovereign immunity to suit or liability and the East Texas A&M University has not waived its right to seek redress in the courts.

14. GOVERNING LAW: The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to, matters of performance, non-performance, breach, remedies,…