ESBD_484471_1769009588881_RFQ-1721_012026 - TAMUT Architectural Services.pdf

Business Services

Request For Qualifications (RFQ) Indefinite Delivery/Indefinite Quantity (IDIQ)

Professional Services Agreement

RFQ

Number

TAMUT-RFQ-1721_012026

Architectural Services for TAMUT Campus Projects

Texas A&M University-Texarkana

Request For Qualifications (RFQ)

Indefinite Delivery/Indefinite Quantity (IDIQ)

Professional Services Agreement

RFQ Number

Issued Date

January 21, 2026

Response Date

February 8, 2026

11:30 PM

TEXAS A&M UNIVERSITY-TEXARKANA

BUSINESS SERVICES & HUB PROGRAM

RFQ NUMBER

PROPOSAL MUST BE RECEIVED BEFORE:

11:30 PM Central Time, February 8, 2026

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 QUALIFICATIONS

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 ________________________________________________ 6

1.2 University History ______________________________________ 6

1.3 Purpose 6

1.4 Priorities/Expectations 7

1.5 Contract Term/Performance Period 7

1.6 Contract Term _________________________________________ 4

1.7 VetHUB Policy and VetHUB Subcontracting Requirements _____ 4

1.8 Non-Mandatory Pre-Proposal Conference ____________________ 5

SECTION 2 INSTRUCTIONS FOR RESPONDENTS

2.1 General Information _____________________________________ 8

2.2 Examination of the Request for Qualifications _________________ 8

2.3 Inquiries and Interpretations 8

2.4 Selection Process 9

SECTION 3 GENERAL INFORMATION

3.1 Submittal Deadline and Location __________________________ 10

3.2 Notice of Texas A&M University-Texarkana Holidays 10

3.3 Submittal Instructions 10

3.4 Special Requirements for Respondents 10

3.5 Proposal Content and Components 10

3.6 Texas A&M University-Texarkana Contact 12

3.7 Inquiries and Interpretations 12

3.8 Terms and Conditions and Contract 12

SECTION 4 GENERAL TERMS AND CONDITIONS

4.1 General ______________________________________________ 13

4.2 Alternate Proposal 14

4.3 Time of Performance 14

4.4 Default 15

4.5 Termination 15

4.6 Warranties 15

4.7 Agreement Amendments 16

4.8 Independent Vendor Status 16

4.9 Right to Audit 16

4.10 Title, Risk of Loss and Freight 16

4.11 Acceptance of Goods and Services 16

4.12 Ownership of Deliverables 16

4.13 Sales and Use Tax 17

4.14 Invoicing 17

4.15 Payment 17

4.16 Reporting 17

4.17 Observance of University Rules and Regulations 17

4.18 Recall Notice 18

4.19 Non-Disclosure 18

4.20 Publicity 18

4.21 Severability 18

4.22 Non-Waiver of Defaults 18

4.23 License and Permits 18

4.24 Non-discrimination 18

4.25 Compliance with Law 19

4.26 Federal Laws and Regulations 19

4.27 Alcohol and Drug-Free Workplace 19

4.28 Force Majeure 19

4.29 Governing Law 19

4.30 Venue 19

SECTION 5 CONTRACTUAL REQUIREMENTS

5.1 Insurance ______________________________________________ 22

5.2 VetHUB Subcontracting Plan (HSP) ________________________ 22

5.3 Public Information ______________________________________ 22

5.4 Indemnification _________________________________________ 23

5.5 Performance/Payment Bonds ______________________________ 23

5.6 Other Benefits __________________________________________ 23

5.7 Dispute Resolution ______________________________________ 23

5.8 Contract Administration __________________________________ 24

SECTION 6 KEY EVENTS SCHEDULE

6.1 Schedule ______________________________________________ 25

Attachments:

Execution of Offer

Non-Collusion Affidavit

Felony Conviction Notification Proposal Form

Insurance Requirements

VetHUB Subcontracting Plan Form (if applicable) Specification Package (if applicable)

SECTION 1

GENERAL

1.1 Scope

Texas A&M University-Texarkana (“TAMUT”) is soliciting statements of qualifications from firms

(“Respondents”) with an established history of expertise and qualifications for providing Architectural

Design Services on an as-needed basis.

The expertise and qualifications shall be administered in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications (RFQ) for all TAMUT managed construction projects. All A&M Members have the option to utilize any firm awarded as a result of this RFQ for their institutional/agency managed construction projects.

By submitting a response, each Respondent certifies that it understands this RFQ and has full knowledge of the scope, nature, quality, and the amount of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed.

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 Purpose

The purpose of this RFQ is to solicit qualifications from Respondents who can provide Architectural

Design Services for TAMUT, on an as-needed basis.

The intent of this RFQ is to allow all interested / prospective firms to provide a sufficient amount of data that will enable TAMUT to assess the qualifications of the Respondent. To this end, each Respondent shall furnish, as a part of the qualifications, a complete general description of experience in their respective fields.

It is the intent of TAMUT to establish a master services agreement (“Agreement”) with one or more

Respondent to meet the needs of the University. Any resultant Agreement will be between the selected

Respondents and TAMUT. Execution of an Agreement as a result of this RFQ does not guarantee utilization of any awarded Respondent.

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

1.4 Priorities/Expectations

a) Ensuring a Quality Level of Service. This priority encompasses the quality of the level of service that can be provided to TAMUT in a timely, cost effective manner. TAMUT is seeking a

Respondent(s) that will ensure the provision of such quality in its delivery of service through proven techniques and established practices.

b) Level of Experience and Expertise. Respondent must demonstrate its capabilities in providing the utmost level of experience and expertise to ensure successful projects as determined by TAMUT.

c) Delivery Efficiency. Respondent must demonstrate its ability to deliver the required services in a timely manner while not sacrificing the quality required by TAMUT.

1.5 Contract Term/Performance Period

The intention of this RFQ is to qualify firms to be included in a pool for the services defined in this RFQ from which it will periodically select participants to assist TAMUT on an as-needed basis. Should

TAMUT, in its sole discretion, enter into an IDIQ agreement with the successful Respondent(s) as a result of this RFQ, the agreement shall be effective as of the date that is agreed upon by TAMUT and successful Respondent(s). TAMUT anticipates that the initial term of such Agreement will extend for three (3) years, with the option to renew for up to two (2) one-year terms, providing all parties mutually agree on the extension. Any extensions shall be at the same terms and conditions plus any approved changes to be determined by TAMUT and negotiated in writing with the successful Respondent.

1.6 Texas A&M University-Texarkana VetHUB Policy and VetHUB Subcontracting Requirements

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

Businesses (VetHUBs) in our prime contracts, subcontractors, and purchasing transactions. The goal of the VetHUB program is to promote equal access and equal opportunity in Texas A&M University-

Texarkana contracting and purchasing.

1.6.1 VetHUB Subcontracting Plan (Required if subcontractors will be used during Services)

Subcontracting opportunities ARE NOT anticipated for this RFQ; therefore a VetHUB

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 VetHUB Subcontracting Plan found at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

FAILURE TO SUBMIT A COMPREHENSIVE, ACCEPTABLE VetHUB

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 RFQ 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.

1.7 Pre-Proposal Conference

• There is no pre-bid conference scheduled for this solicitation.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php mailto:ktullos@tamut.edu

SECTION 2

INSTRUCIONS FOR RESPONDENTS

2.1 General Information

TAMUT is soliciting submittals from qualified firms, hereafter referred to as Respondent(s), who have significant experience in providing Architectural Design Services for institutions of higher education.

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

The Respondent(s) selected shall have an excellent track record for providing these services relative to the size and scope of TAMUT projects and shall agree to provide these services to TAMUT with a top priority commitment. TAMUT may select as many Respondents as needed to ensure coverage at the main campus in Texarkana, TX.

This RFQ contains specific requests for information. Respondents are encouraged to examine all sections of this RFQ carefully, in that the degree of interrelationship between sections is critical. In responding to this RFQ, Respondents are encouraged to provide any additional information they believe relevant.

Clause headings appearing in this RFQ have been inserted for convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the respective clauses. Whenever the terms

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

In those cases where mandatory requirements are stated, material failure to meet those requirements could result in disqualification of the Respondent's response. Any deviation or exception from RFQ specifications must be clearly identified by the Respondent in its submittal.

2.2 Examination of the Request for Qualifications

Before submitting, each Respondent will be held to have examined the TAMUT requirements outlined in

Section 3, and satisfied itself as to the existing conditions under which it will be obligated to perform in accordance with specifications of this RFQ.

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

basis for response disqualification.

2.3 Inquiries and Interpretations

All technical and scope of work questions concerning this RFQ are to be directed to Kristen Tullos, Assistant Vice President for Business Services, in writing, at KTullos@tamut.edu no later than

January 28, 2026. Respondent may not contact other individuals at TAMUT to discuss any aspect of this RFQ, unless expressly authorized by TAMUT Business Services Office to do so. TAMUT will publish all questions with responses according to the calendar in Section 2.2.

Responses to inquiries which directly affect an interpretation or change to this RFQ will be issued in writing by addendum/amendment and and posted to the Electronic State Business Daily (ESBD) at the following site; http://www.txsmartbuy.com/sp (Input Agency Number “764” and select “Posted” for the Status)

It is the responsibility of all REPONDENTS to check the ESBD for any and all addenda issued for this RFQ. All such addenda/amendments issued by TAMUT prior to the time that qualifications are received shall be considered part of the RFQ, and the Respondent shall consider and acknowledge receipt of such in the Execution of Offer.

Only those TAMUT replied to inquiries which are made by formal written addenda/amendments shall be binding. Oral and other interpretations or clarification will be without legal effect.

2.4 Selection Process

It is the intention of TAMUT to utilize the information received from responding firms to form a pool of pre-qualified firms from which it will periodically select participants to assist TAMUT on an as-needed basis. Each project assignment will be documented individually and will extend for as long as agreed to by the parties. TAMUT will base its choice on demonstrated competence, knowledge, and qualifications of the Respondent.

The Respondent(s) selected will be the one who’s experience and qualifications, as presented in response to this RFQ, establish them, in the opinion of TAMUT, as well qualified and offering the greatest benefits, experience and value to TAMUT. TAMUT may cancel this RFQ or reject

Qualifications at any time prior to an award, and is not required to furnish a statement of the reasons why a particular qualification was not deemed to be the most advantageous.

Submission of qualifications indicates Respondent's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by TAMUT during the evaluation process.

It is the intent of TAMUT to qualify multiple submissions. TAMUT, at its sole discretion, may select as many firms as deemed to be in TAMUT’s best interest to be included in the pool to meet the needs of the University. The selection of the successful submission(s) may be made by TAMUT on the basis of the submissions initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful submission(s) may be made by TAMUT on the basis of negotiation with any of the Respondents. TAMUT shall not disclose any information derived from the submissions provided by competing Respondents in conducting such discussions.

All submissions must be complete and convey all of the information requested to be considered responsive. If a submission fails to conform to the essential requirements of the RFQ, TAMUT alone will determine whether the variance is significant enough to consider the submission susceptible to being made acceptable, and therefore a candidate for further consideration, or not susceptible and therefore not considered for award.

TAMUT may perform reference checks and seek further information, as needed from all

Respondentswhose submission TAMUT, at its discretion, considers viable, based on the initial evaluation and ranking. The Respondent’s response to this requirement officially authorizes TAMUT to contact these organizations to discuss the services and other considerations which the Respondent has provided to such organizations and authorizes the organizations to provide such information to

TAMUT and Respondent shall and hereby does release and hold harmless TAMUT, the state of

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

TAMUT reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept qualifications considered most advantageous, and/or to make the award to the most responsive Respondent(s).

SECTION 3

GENERAL INFORMATION

3.1 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, FEBRUARY 8, 2026 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.

3.2 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:

N/A

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.

3.3 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).

3.4 Special Requirement for Respondents

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

3.5 Proposal Content and Components

3.5.1 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 RFQ. Emphasis should be on completeness, clarity of content and responsiveness to the requirements and specifications set forth in this RFQ.

3.5.2 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.

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

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

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

Proposals submitted without this information will be evaluated accordingly:

3.5.4.1 Signed Execution of Offer

3.5.4.2 Completed Proposal Form

3.5.4.3 Felony Conviction Notification

3.5.4.4 Non-Collusion Affidavit

3.5.4.5 VetHUB Subcontracting Plan (if applicable)

3.5.4.6 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.

3.5.4.7 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.

3.5.4.8 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.

3.5.4.9 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 Qualifications. 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 RFQ and the financial arrangements under which such services would be delivered.

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

Proposer’s relevant or comparable experience.

3.5.4.11 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.

3.5.4.12 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.

3.5.4.13 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.

3.5.4.14 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 RFQ. Information should include marketing materials, background information or descriptive examples of the company’s work.

3.6 Texas A&M University-Texarkana Contact

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

Kristen Tullos

Texas A&M University-Texarkana Business 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 RFQ to the above-named individual.

3.7 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFQ 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 JANUARY 28, 2026.

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

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

All such addenda issued by Texas A&M University-Texarkana prior to the time that proposals are received shall be considered part of the RFQ. 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 or before January 30, 2026 by 4:00 pm.

3.8 Terms and Conditions and Contract

All terms and conditions and other requirements contained in this RFQ shall govern any Agreement issued as a result of this RFQ. 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 RFQ, 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 RFQ.

mailto:ktullos@tamut.edu http://www.txsmartbuy.com/esbd) http://www.txsmartbuy.com/esbd)

SECTION 4

GENERAL TERMS AND CONDITIONS

4.1 General

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

4.1.2 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 RFQ.

4.1.3 This RFQ 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 RFQ 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 RFQ, 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 RFQ is contingent upon availability of sufficient funding.

4.1.4 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.

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

4.1.6 The Respondent hereby assigns to purchaser, any and all claims for overcharges associated with any Contract resulting from this RFQ 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).

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

4.1.8 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.

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

4.1.10 Respondents electing to reply to this RFQ 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.

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

4.1.12 Except as otherwise provided in this RFQ, no proposal may be changed, amended, or modified after if has been submitted or filed in response to this RFQ. 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.

4.1.13 Products and services awarded as a result of this RFQ 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.

4.2 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 RFQ the intent and meaning shall be interpreted as follows:

RFQ shall mean Request For Qualification.

UNIVERSITY shall mean Texas A&M University-Texarkana.

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

VetHUB shall mean Veteran Heroes United in Business as certified by the State of Texas

HSP shall mean VetHUB SubContracting Plan

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

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

Contract or Agreement for labor or for equipment & supplies under this RFQ 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

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

4.3 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 RFQ in accordance with the schedules herein and as mutually agreed upon between University and Respondent during the term of any Agreement resulting from this RFQ. 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.

4.4 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.

4.5 Termination

4.5.1 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.

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

4.5.3 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.

4.5.4 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.

4.6 Warranties

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

4.6.1 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.

4.6.2 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.

4.6.3 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.

4.6.4 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:

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

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

4.6.4.3 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 Qualifications. 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.

4.7 Agreement Amendments

Any Agreement resulting from this RFQ 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 RFQ 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 RFQ.

4.8 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.

4.9 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.

4.10 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.

4.11 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 RFQ 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.

4.12 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.

4.13 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 RFQ.

4.14 Invoicing

Respondent shall submit two copies of an itemized invoice to the designated invoice address showing the purchase order number and this RFQ 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 RFQ number and the original invoice number in which the charge was initiated.

4.15 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

4.16 Reporting

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

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.

4.17 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

4.18 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.

4.19 Non-Disclosure

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

Agreement resulting from this RFQ, 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.

4.20 Publicity

No public disclosures or news releases pertaining to this RFQ 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.

4.21 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.

4.22 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 RFQ 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.

4.23 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.

4.24 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.

4.25 Compliance with Law

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

4.26 Federal Laws and Regulations

By submitting a signed proposal in response to this RFQ, 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 amended (41 CFR 60-741);

Age Discimination Act of 1975 (42 USC 6101 et seq.);

Non-segregated Facilities (41 CFR 60-1);

Drug-Free Workplace Act of 1988 (PL 100-690);

Federal Procurement or Nonprocurement Programs (Executive Order 12549 and 12689);

Bryd Anti-Lobbying Amendment (31 USC 1352);

Clean Air Act of 1970 (42 USC 7401 et seq.);

Federal Water Pollution Control Act…