ESBD_484586_1769033320559_734-01152026-AS NCAA Title IX Compliance Education and Advisory Services.pdf

REQUEST FOR PROPOSALS

FOR

NCAA TITLE IX COMPLIANCE EDUCATION AND

ADVISORY SERVICES

RFP No. 734-01152026-AS

NIGP Codes: 918-25

Submittal Due Date/Time:

Thursday, February 12, 2026 by 2:00 PM (CDT)

TABLE OF CONTENTS

Section 1 - General Information and Requirements

1.1 General Information

1.2 Public Information

1.3 Nondiscrimination

1.4 Type of Contract

1.5 Parking Permit Requirements

1.6 Clarifications and Interpretations

1.7 Submission of Statements of Qualifications & Pricing and Delivery Proposal

1.8 Point-Of-Contact

1.9 The University’s Reservation of Rights

1.10 Acceptance of Evaluation Methodology

1.11 No Reimbursement for Costs

1.12 Pre-Submittal Conference

1.13 Eligible Respondents

1.14 Historically Underutilized Businesses Submittal Requirements

1.15 Certain Proposals and Contracts Prohibited

1.16 Sales and Use Taxes

1.17 Certification of Franchise Tax Status

1.18 Required Notices of Insurance Coverage

1.19 Delinquency in Paying Child Support

1.20 Payment Terms

1.21 Default and Termination

1.22 Alternative Dispute Resolution

1.23 Loss of Funding

1.24 Limitations

1.25 Contract Controlling

1.26 Undocumented Workers

1.27 Equal Opportunity

1.28 Miscellaneous Terms and Conditions

1.29 Non-Boycott Verification

1.30 Cybersecurity Training Program

1.31 Firearm Entities and Trade Associations Discrimination

1.32 Vaccine Passport Prohibition

1.33 Critical Infrastructure Affirmation

1.34 Foreign Terrorist Organizations

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

Section 3 – Description and Scope of Services

3.1 Background/Purpose

3.2 Scope of Work

Section 4 - Requirements for Statements of Qualifications

4.1 Authorized Signature

4.2 Contract Award Process

4.3 Statements of Qualifications Evaluation Criteria

4.4 Evaluation Criteria

4.5 Criterion One: Respondent’s Statement of Qualifications and Availability

4.6 Criterion Two: Respondent’s Ability to Provide Services

4.7 Criterion Three: Respondent’s Performance on Past Similar Representative Projects

4.8 Criterion Four: Project Specific Information

4.9 Criterion Five: Respondent’s Pricing and Delivery Proposal

Section 5 – Requirements for Pricing and Delivery Proposal

5.1 General Information

5.2 Respondent’s Pricing and Delivery Proposal (see Exhibit A)

Section 6 – Format for Statements of Qualifications, and Pricing and Delivery Proposals

6.1 General Instructions

6.2 Page Size, Binding, Dividers, and Tabs

6.3 Table of Contents

6.4 Pagination

Section 7 – Schedule of Proposal Process

Exhibits to this Solicitation

Exhibit A – Respondent’s Pricing and Delivery Proposal

Exhibit B – Respondent’s Execution of Offer

Exhibit C – Insurance Requirements

Attachment to this Solicitation

Example – Lamar Services Agreement

RFP 734-01152026-AS 4

Lamar University

REQUEST FOR PROPOSAL

NCAA TITLE IX COMPLIANCE EDUCATION AND ADVISORY SERVICES

RFP No. 734-01152026-AS

SECTION 1 – GENERAL INFORMATION AND REQUIREMENTS

1.1 Lamar University (the “University”) is seeking Competitive Sealed Proposals (“Proposals”) for the selection of one qualified and responsible Consulting firm (“Respondent”) to provide

NCAA Title IX Compliance Education and Advisory Services (“Work”) for its Athletic

Department. The scope of work is further described in Section 3 of this Solicitation. The selection of a Respondent will be made at the sole discretion of the University and based on what is determined to be in its best interest. This Request for Proposal (“RFP”) sets forth the terms, conditions, and requirements that prospective firms must meet to be considered for this engagement.

1.1.1 Texas law authorizes Institutions of Higher Education (defined by Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections

51.9335, Education Code). Institutions of Higher Education may enter into a contract with the successful Respondent for the purchase of the services described herein based on the terms, conditions, and prices offered by the successful Respondent for the duration of any Agreement or Contractual arrangement resulting from this

Solicitation. These State Agencies and Institutions of Higher Education will issue purchase orders, directly receive goods or services at their place of business and be billed directly by the successful Respondent.

1.1.2 The University desires to enter into an exclusive contract with one qualified, capable, and experienced firm to provide the described Work. The services are more specifically described in Section 3 (Scope of Work) of this Solicitation.

1.1.3 Each Proposal must remain valid for the University’s acceptance for a minimum of ninety (90) days after the Submittal Deadline to allow time for evaluation, selection, approval, and contract execution.

1.1.4 The length of such Contract shall be one (1) year from contract execution or date outlined in the contract, whichever is later, with an option to renew for four (4) additional one (1) year terms if both parties agree in writing. If the University and the successful Respondent identified as offering the 'best value' are unable to successfully negotiate, execute, and sign a Contract, the University reserves the right to engage an alternative Respondent for Contract award.

1.2 PUBLIC INFORMATION: The University strictly adheres to all statutes, court decisions, and the opinions of the Texas Attorney General with respect to disclosure of public information under the Texas Public Information Act, Chapter 552, Texas Government Code.

The University is required to make any information created or exchanged with the state pursuant to this contract that is not otherwise excepted from disclosure under the Texas

Public Information Act available in a format accessible to the public at no additional charge

RFP 734-01152026-AS 5

to the state. The following format(s) shall be deemed in compliance with this provision:

electronic files in Word, PDF, or similar generally accessible formatting.

1.2.1 The University strictly complies with all statutes, court decisions, and opinions of the

Texas Attorney General with respect to disclosure of Qualification information.

1.2.2 The University has implemented a “No Contact” procedure during the qualification process. From the time the Request for Proposal (“RFP”) is released until the contract is officially awarded, Respondents are not allowed to contact any University employees about the proposal. All other communication is prohibited and may be subject to disqualification.

1.2.3 Successful Respondent is required to make any information created or exchanged with the state pursuant to any Agreement or Contractual arrangement resulting from this Solicitation, and not otherwise excepted from disclosure under the Texas Public

Information Act, available in a format that is accessible to the public at no additional charge to the state.

1.3 NONDISCRIMINATION: In their execution of any Agreement or Contractual arrangement resulting from this Solicitation, all contractors, subcontractors, their respective employees, and others acting by or through them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. The Respondent shall not engage in discrimination against any employee or applicant for employment based on race, color, religion, sex, age, or national origin. The Respondent shall take affirmative steps to ensure that all employment practices, including hiring and the terms and conditions of employment, are administered without regard to race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Respondent agrees to post in conspicuous places available to employees or applicants for employment, notices to be provided setting forth the provisions of this non-discrimination article. Respondents shall include these provisions in all subcontracts pertaining to the Work. Any breach of this covenant may result in termination of this agreement.

1.4 TYPE OF CONTRACT: Any Agreement or Contractual arrangement resulting from this

Solicitation will be in the form of the University’s Services Agreement with a Purchase

Order to follow. The length of such Contract shall be one year from Contract execution or date set forth in the Contract, whichever is later, with options to renew in one-year increments for a total of four years if both parties agree in writing. If the University and the most qualified, successful Respondent are unable to sign, negotiate, and execute a

Contract. In that case, the University reserves the right to seek an alternative Respondent to make an award.

1.5 PARKING PERMIT REQUIREMENTS:

1.5.1 Visitor’s parking passes are available to selected Respondents.

RFP 734-01152026-AS 6

1.5.2 Parking information may be viewed at:

https://www.lamar.edu/about-lu/campus-map/v-1.1.0/index.html

1.6 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this

Solicitation that materially affect or change its requirements will be issued formally by the

University as a written addendum. It is the responsibility of all Respondents to check the status of formal addenda at least three (3) calendar days before the published submission deadline and to obtain this information promptly. All such addenda issued by the University before the Qualifications are due shall be acknowledged by Respondents and incorporated into the response to the Solicitation.

1.6.1 Respondents shall be required to consider only those clarifications and interpretations that the University issues by formal written addenda before the submittal deadline. Interpretations or clarifications obtained in any other form, including oral statements, will not be binding on the University and shall not be relied on in preparing Qualifications.

1.6.2 This Solicitation and any formal written addenda, if required, will be issued by the

University via the Electronic State Business Daily (ESBD) website located at:

http://www.txsmartbuy.com/esbd. Please reference the Solicitation number provided in this Solicitation. It is the responsibility of each Respondent to check this website frequently for any posted addenda. Failure to acknowledge any addenda may result in the disqualification of your qualification.

1.7 SUBMISSION OF STATEMENTS OF QUALIFICATIONS, HUB SUBCONTRACTING

PLANS, AND PRICING AND DELIVERY PROPOSALS:

1.7.1 DEADLINE AND LOCATION:

Statements of Qualifications, HUB Subcontracting Plans (if applicable), and the Pricing and Delivery Proposals must be received by the University on or before the date, time, and at the location specified below:

Thursday, February 12, 2025, by 2:00 PM (CDT)

Hand Delivery Attn: Ann Sanders, CTCD

Procurement Services

Otho H. Plummer Building, Room 120

4400 South Dr. Martin Luther King, Jr. Parkway

Beaumont, TX 77705

Courier Delivery Attn: Ann Sanders, CTCD

Procurement Services

1050 East Lavaca Street

Beaumont, TX 77705 https://www.lamar.edu/about-lu/campus-map/v-1.1.0/index.html http://www.txsmartbuy.com/esbd

RFP 734-01152026-AS 7

The Otho Plummer building is the round building located on the corner of MLK Parkway and E. Virginia Street. Room 120’s door is located on the back side of the building, facing LU’s Visitor’s Information Booth.

It is the Respondent’s sole responsibility for preparing, submitting and delivering a response with all required materials to the designated location on or before the published submittal deadline.

1.7.1.1 If submitting proposal documents by mail or courier service, the

Respondent is cautioned to allow sufficient time for delivery prior to the published deadline to the location specified above.

1.7.1.2 Failure to deliver the proposal documents by the submittal deadline may not be grounds for disputing the procurement solicitation process or any resulting Contract award.

1.7.2 The Points-of-Contact identified in Section 1.8 will acknowledge and record the official time clock at the qualification submittal location identified above.

1.7.3 The University will not acknowledge or receive qualification documents that are delivered by telephone, facsimile (fax), electronic mail (e-mail), or other electronic means.

1.7.4 PROPOSAL OUTER PACKAGES:

1.7.4.1 Respondent materials are to be enclosed in a sealed envelope, box or container, addressed to the Point of Contact person and include the Pricing and Delivery Proposal, and the Statement of Qualifications materials.

1.7.4.2 The outside mailing package is to clearly identify the Solicitation number 734-01152026-AS, submittal deadline, and the name, return address, and email address (for RFP notification) of the Respondent.

1.7.4.3 The Pricing and Delivery Proposal, HUB Sub-Contracting Plan (if applicable), and the Statement of Qualifications materials are to be packaged in separate, sealed envelopes within the sealed envelope, box, or container.

1.7.5 Due to the nature of the Solicitation and evaluation process used for this Solicitation, only the names of the submitting Respondent(s) will be read aloud immediately following the Proposal due date and time stated in 1.7.1. Upon award, if any, a written request, under paragraph 1.2, may be submitted by any interested party.

1.7.6 REQUIRED DOCUMENTS: The Following is a list of documents that are to be returned as part of the qualification submittal. Failure to return the required documents will result in the qualification being determined as non-responsive, and the qualification will be rejected.

• Statement of Qualifications – Section 4 - Criterion 1-5

• Pricing and Delivery Proposal – Section 5 & Exhibit A

• Signed Execution of Offer – Exhibit B (Include in Qualification Package)

RFP 734-01152026-AS 8

1.8 POINTS-OF-CONTACT: The following persons are the University's authorized "Points-of-

Contact" for this Solicitation. Respondents shall restrict all contact with, and direct all questions regarding this Solicitation, including questions regarding terms and conditions and technical specifications, in writing, to:

Primary: Ann Sanders, Procurement Specialist fsanders@lamar.edu

Secondary: Kelli Morris, Director of Procurement kelli.morris@lamar.edu

Failure to comply with this section by contacting other University faculty and/or staff regarding this qualification may result in disqualification from consideration.

1.9 THE UNIVERSITY’S RESERVATION OF RIGHTS: The University reserves the right to reject or accept any responses and/or temporarily or permanently abandon the Project, make no award or waive minor process or submission irregularities. The University makes no representations, written or oral, that it will enter into any form of Agreement or Contract for any Project with any Respondent to this Solicitation and no such representation is intended or should be construed by the issuance of this Solicitation.

1.10 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Proposal in response to this Solicitation, Respondent accepts the evaluation criteria and methodology, process, and acknowledges and accepts that determination of the “most qualified” firm(s) will require some subjective judgments by the University.

1.11 NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this Solicitation process shall be at the sole risk and responsibility of the Respondent. Respondents submit Proposals at their own risk and expense.

1.12 PRE-SUBMITTAL CONFERENCE: A pre-submittal conference will not be held for this RFP.

1.13 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may respond. This does not preclude a respondent from using consultants. The University will enter into a Contract only with an individual firm(s) or formal organization(s) that submits a Qualification packet.

1.14 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: All agencies of the State of Texas are required to make a "good faith effort" to assist Historically

Underutilized Businesses (each a “HUB”) in receiving their fair share of Contract or

Subcontract awards. The goal of the HUB program is to promote full and equal business opportunity for all businesses in contracting with state agencies. If under the terms of any

Agreement or Contractual arrangement resulting from this Solicitation, Respondent subcontracts any of the Services, then Respondent must make a good faith effort to utilize

HUBs certified by the Texas Procurement and Support Services Division of the Texas

Comptroller of Public Accounts (TPASS).

mailto:fsanders@lamar.edu mailto:kelli.morris@lamar.edu

RFP 734-01152026-AS 9

Qualifications that fail to comply with the subcontracting requirements contained in this

Solicitation will constitute a material failure to comply with advertised Specifications and will be rejected by the University as non-responsive. Additionally, compliance with good faith effort guidelines is a condition precedent to awarding any Agreement or

Contractual arrangement resulting from this Solicitation. Respondent acknowledges that, if selected by the University, its obligation to make a good faith effort to utilize HUBs when subcontracting any of the Services will continue throughout the term of all Agreements or

Contractual arrangements resulting from this Solicitation. Furthermore, any subcontracting of the Services by the successful Respondent(s) is subject to review by the University to ensure compliance with the HUB program requirements.

If the University determines that subcontracting opportunities are probable, then a HUB

Subcontracting Plan (HSP) is a required element of the response to this Solicitation. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Qualification as noted above.

1.14.1 STATEMENT OF PROBABILITY: The University has determined that subcontracting opportunities are not probable in connection with this Procurement Solicitation.

Therefore, a HUB Subcontracting Plan (HSP) is not required as a part of the

Respondent's Qualification. The Respondent shall develop and administer an HSP as a part of the Respondent's Qualifications.

1.15 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas Government Code, a State Agency may not accept a Proposal or award a Contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the Specifications or Request for Proposals on which the Proposal or Contract is based. All Respondents must certify their eligibility by acknowledging the following statement: "Under Section 2155.004, Texas Government

Code, the Respondent certifies that the individual or business entity named in this bid or

Contract is not ineligible to receive the specified Contract and acknowledges that this

Contract may be terminated and payment withheld if this certification is inaccurate." If a

State Agency determines that an individual or business entity holding a state Contract was ineligible to have the Contract accepted or awarded as described above, the State Agency may immediately terminate any Agreement or Contractual arrangement resulting from this

Solicitation without further obligation to the successful Respondent(s). This section does not create a cause of action to contest a Proposal or award of a state contract.

1.16 SALES AND USE TAXES: The University is exempt from sales tax and will provide an exemption form upon request.

1.17 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful Respondent will be required to submit certification of franchise tax status as required by State Law (H.B. 175, Acts 70th Leg. R.S., 1987, Ch. 283, p. 3242). The

Respondent agrees that each Subcontractor and Supplier under Contract will also provide a certification of franchise tax status.

1.18 REQUIRED NOTICES OF INSURANCE COVERAGE: (See Exhibit C)

RFP 734-01152026-AS 10

1.19 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Family Code, the

Respondent 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.

1.20 PAYMENT TERMS: The University will pay for Work performed under this Contract “net thirty (30) days” in accordance with Texas Government Code, section 2251.021”.

Alternate payment terms may be proposed by a Respondent, but the University reserves the right to reject the terms if determined not to be in its best interests.

1.20.1 The amount due to the successful Respondent will be paid upon the University’s receipt of an undisputed invoice. Submit all invoices to:

Accounts Payable: accountspayable@lamar.edu

Or via mail: Lamar University

Accounts Payable

PO Box 10003

Beaumont, Texas 77710

1.21 DEFAULT AND TERMINATION

1.21.1 If a party substantially fails to perform, the other party may terminate any Agreement or Contractual arrangement resulting from the Solicitation upon fifteen (15) days’ written notice of termination setting forth the nature of the failure. The termination shall not be effective if the failure is fully cured before the end of the fifteen days.

1.21.2 Either Party may terminate any Agreement or Contractual arrangement resulting from this Solicitation, without cause, at any time upon giving ninety (90) days’ advance notice unless agreed in writing otherwise by the parties. Upon termination pursuant to this paragraph, the successful Respondent(s) shall receive payment for the services satisfactorily performed from the time of the last payment date to the termination date, provided the successful Respondent(s) shall have delivered to the

University a final report describing the work completed to the date of termination.

The University shall not reimburse the successful Respondent(s) for any services performed or expenses incurred after the date of the termination notice.

1.22 ALTERNATIVE DISPUTE RESOLUTION: The dispute resolution process provided for in

Chapter 2260 of the Texas Government Code shall be used, as further described herein, by the University and the successful Respondent to attempt to resolve any claim for breach of Contract made by the successful Respondent:

1.22.1 The successful Respondent’s claim for breach of any Agreement or Contractual arrangement resulting from this Solicitation that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Texas Government Code. To initiate the process:

RFP 734-01152026-AS 11

1.22.1.1 The successful Respondent shall submit written notice, as required by subchapter B, to the University’s Representative.

1.22.1.2 This notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked.

1.22.1.3 A copy of the notice shall also be given to all other representatives of the

University and the successful Respondent(s) otherwise entitled to notice under the parties’ contract.

1.22.1.4 Compliance by the successful Respondent(s) with subchapter B is a condition precedent to the filing of a contested case proceeding under

Chapter 2260, subchapter C, of the Texas Government Code.

1.22.2 The contested case process provided in Chapter 2260, subchapter C, of the Texas

Government Code is the successful Respondent’s sole and exclusive process for seeking a remedy for any alleged breaches of contract by the University if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph.

1.22.3 Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter

107 of the Civil Practices and Remedies Code. Neither the execution of any

Agreement or Contractual arrangement resulting from this Solicitation by the

University nor any other conduct of any representative of the University relating to any Agreement or Contractual arrangement resulting from this Solicitation shall be considered a waiver of sovereign immunity to suit.

1.22.4 The submission, processing, and resolution of the successful Respondent’s claim is governed by the published rules adopted by the Attorney General pursuant to

Chapter 2260, as currently effective, hereafter enacted or subsequently amended.

1.22.5 The occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the successful Respondent(s), in whole or in part.

1.22.6 The designated individual responsible on behalf of the University for examining any claim or counterclaim and conducting any negotiations related thereto as required under §2260.052 of the Texas Government Code shall be the University’s

Representative named in section 1.8.

1.23 LOSS OF FUNDING: Performance by the University under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature

(the "Legislature"), allocation of funds by the Board of Regents of The Texas State

University System (the "Board"), or funding availability through a Sponsored Program

Funding Agency. If the Legislature fails to appropriate or allot the necessary funds, the

Board fails to allocate the necessary funds, or funding is not available through a Sponsored

Program Funding Agency, the University will then issue written notice to the Contractor and the University may terminate this Agreement without further duty or obligation hereunder.

Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond the control of the University.

RFP 734-01152026-AS 12

1.24 LIMITATIONS: The Parties are aware that there are constitutional and statutory limitations on the authority of the University (a State agency) to enter into certain terms and conditions of any Agreement or Contractual arrangement resulting from this Solicitation, including, but not limited to:

1.24.1 Those terms and conditions relating to a Lien on the University’s property

1.24.2 Disclaimers and limitations of warranties

1.24.3 Disclaimers and limitations of liability for damages; waivers, disclaimers, and limitations of legal rights, remedies, requirements, and processes

1.24.4 Limitations of periods to bring legal action, granting control of litigation or settlement to another party

1.24.5 Liability for acts or omissions of third parties

1.24.6 Payment of attorneys’ fees; dispute resolution; indemnities

1.24.7 Confidentiality (collectively, the “Limitations”)

Terms and conditions related to the Limitations will not be binding on the University except to the extent authorized by the laws and Constitution of the State of Texas.

1.25 CONTRACT CONTROLLING: These Terms and Conditions shall take precedence over any Terms and Conditions contained in any Proposal, like document, or any document referenced or attached. Any Agreement or Contractual arrangement resulting from this

Solicitation shall be construed under the laws of the State of Texas, and venue for any action brought hereunder shall be Travis County, Texas.

1.26 UNDOCUMENTED WORKERS: The Immigration and Nationality Act (8 United States

Code 1324a) ("Immigration Act") makes it unlawful for an employer to hire or continue employment of undocumented workers. The United States Immigration and Customs

Enforcement Service has established the Form 1-9 Employment Eligibility Verification Form

("1-9 Form") as the document to be used for employment eligibility verification (8 Code of

Federal Regulations 274a). Among other things, the successful Respondent(s) is required to: (1) have all employees complete and sign the 1-9 Form certifying that they are eligible for employment; (2) examine verification documents required by the 1-9 Form to be presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the 1-9 Form, and complete the certification portion of the 1-9 Form; and (4) retain the 1-9 Form as required by Applicable Laws. It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status. If the successful Respondent employs unauthorized workers during the performance of any

Agreement or Contractual arrangement resulting from this Solicitation, in violation of the

Immigration Act, then, in addition to other remedies or penalties prescribed by Applicable

Laws, the University may terminate any Agreement or Contractual arrangement resulting from this Solicitation. Successful Respondent represents and warrants that it is in compliance with and agrees that it will remain in compliance with the provisions of the

RFP 734-01152026-AS 13

Immigration Act.

1.27 EQUAL OPPORTUNITY: Pursuant to Applicable Laws, the successful Respondent represents and warrants that it is an equal opportunity employer and does not discriminate on the basis of race, color, religion, national origin, age, mental or physical disability, or sex.

1.28 MISCELLANEOUS TERMS AND CONDITIONS:

1.28.1 The successful Respondent agrees to indemnify and hold harmless the University from any claim, damage, liability, expense, or loss arising out of the successful

Respondent’s performance under any Agreement or Contractual arrangement resulting from this Solicitation.

1.28.2 The successful Respondent shall neither assign its rights nor delegate its duties under any Agreement or Contractual arrangement resulting from this Solicitation without the prior written consent of the University.

1.28.3 The successful Respondent shall be an Independent Contractor, and neither the successful Respondent nor any Employee of the successful Respondent shall be deemed to be an Agent or Employee of the University. As an Independent

Contractor, the successful Respondent will be solely responsible for determining the means and methods for performing the services described. The successful

Respondent shall observe and abide by all applicable laws and regulations, policies and procedures, including but not limited to those of the University relative to conduct on its premises.

1.28.4 Any Agreement or Contractual arrangement resulting from this Solicitation

(including all Exhibits, Attachments, etc.) constitutes the sole Contract of the parties, and supersedes any other oral or written understanding or Contract. Any

Agreement or Contractual arrangement resulting from this Solicitation and each of its provisions will be binding upon the parties and may not be waived, modified, amended, or altered except in writing signed by the University and the successful

Respondent.

1.28.5 The successful Respondent certifies that, upon the effective date of any

Agreement or Contractual arrangement resulting from this Solicitation, the successful Respondent is not delinquent in payment of State of Texas corporate franchise taxes. The successful Respondent agrees that any false statement concerning franchise tax status shall be a material breach hereof and the

University shall be entitled to terminate any Agreement or Contractual arrangement resulting from this Solicitation upon written notice to the successful

Respondent.

1.28.6 Any written notice required by any Agreement or Contractual arrangement resulting from this Solicitation shall be mailed to the attention of the University's

Designated Authorized Representative as noted in the contract.

1.28.7 Except as otherwise provided, neither the successful Respondent nor the

University shall be liable to the other for any delay in, or failure of performance, of a requirement contained in any Agreement or Contractual arrangement resulting

RFP 734-01152026-AS 14

from this Solicitation caused by Force Majeure as defined herein. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform.

1.28.8 “Force Majeure” is defined as acts of God, war, strike, fires, explosions, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing with proof of receipt within three (3) business days of the existence of such Force Majeure or otherwise waive this right as a defense.

1.28.9 Representations and Warranties by the successful Respondent. If the successful

Respondent(s) is a corporation or a limited liability company, the successful

Respondent(s) warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all required approvals to execute and deliver any Agreement or

Contractual arrangement resulting from this Solicitation, and the individual executing any Agreement or Contractual arrangement resulting from this

Solicitation on behalf of the successful Respondent(s) has been duly authorized to act for and bind the successful Respondent(s).

1.28.10 Products and Materials Produced in Texas. If the successful Respondent(s) will provide services under any Agreement or Contractual arrangement resulting from this Solicitation, the successful Respondent(s) covenants and agrees that in accordance with Section 2155.4441, Texas Government Code, in performing its duties and obligations, the successful Respondent(s) will purchase products and materials produced in Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas.

1.28.11 Access by Individuals with Disabilities.

1.28.11.1 The successful Respondent shall comply with all applicable requirements and provisions of the Americans with Disabilities Act

(ADA).

1.28.11.2 The successful Respondent represents and warrants that the electronic and information resources and all associated information, documentation, and support (collectively, the "EIRs") that it provides to the University under any Agreement or Contractual arrangement resulting from this Solicitation comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas

Administrative Code and Title 1, Chapter 206, Rules §206.50 and

§206.70 of the Texas Administrative Code authorized by Chapter

2054, Subchapter M of the Texas Government Code, United States

Rehabilitation Act of 1973 and its amendments, Section 508; and

RFP 734-01152026-AS 15

World Wide Web Consortium (W3C), Web Accessibility Initiative

(WAI), Web Content Accessibility Guidelines (WCAG) 1.0 and 2.0AA.

All submissions must include all Voluntary Product Accessibility

Templates (VPAT), Information Technology Industry Council (ITIC), and General Services Administration (GSA) in compliance with

Section 508. If the successful Respondent fails or is unable to comply the University may terminate any Agreement or Contractual arrangement resulting from this Solicitation, and the successful

Respondent will refund to the University all amounts the University has paid under any Agreement or Contractual arrangement resulting from this Solicitation within thirty (30) days after the termination date.

1.28.12 Patent, Trademark, Copyright, and Other Infringement Claims. The successful

Respondent shall indemnify, save and hold harmless the University from and against claims of patent, trademark, copyright, trade secret or other proprietary rights, violations or infringements arising from the University’s or the successful

Respondent's use of or acquisition of any services or other items provided to the

University by the successful Respondent or otherwise to which the University has access as a result of the successful Respondent's performance under any

Agreement or Contractual arrangement resulting from this Solicitation, provided that the University shall notify the successful Respondent of any such claim within a reasonable time of the University's receipt of notice of any such claim. If the successful Respondent is notified of any claim subject to this section, the successful Respondent shall notify the University of such Claim within five (5) business days of such notice. No settlement of any such claim shall be made with the successful Respondent without the University’s prior written approval. The successful Respondent shall reimburse the University for any Claims, damages, losses, costs, expenses, judgments, or any other amounts, including, but not limited to, attorneys' fees and court costs, arising from any such claim. The successful Respondent shall pay all reasonable costs of the University’s legal counsel and shall also pay costs of multiple counsels if required, to avoid conflicts of interest. The successful Respondent represents that it has determined what licenses, patents, and permits are required under any Agreement or Contractual arrangement resulting from this Solicitation and has acquired all such licenses, patents, and permits.

1.28.13 The successful Respondent further covenants and agrees to:

FULLY INDEMNIFY and HOLD HARMLESS, The Texas State University System

(TSUS), TSUS Regents, Lamar University and the elected officials, employees, officers, directors, volunteers, and representatives of the University, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the University directly or indirectly arising out of, resulting from or related to the successful Respondent's activities under any Agreement or Contractual arrangement resulting from this

Solicitation, including any acts or omissions of the successful Respondent(s), any

Agent, Officer, Director, Representative, Employee, Consultant or the

Subcontractor of the successful Respondent(s), and their respective Officers, RFP 734-01152026-AS 16

Agents, Employees, Directors and Representatives while in the exercise of performance of the rights or duties under any Agreement or Contractual arrangement resulting from this Solicitation. The indemnity provided for in this paragraph does not apply to any liability resulting from the negligence of the

University, Officers or Employees, separate Contractors or assigned Contractors, in instances where such negligence causes personal injury, death or property damage.

IN THE EVENT THE SUCCESSFUL RESPONDENT(S) AND THE UNIVERSITY

ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION,

LIABILITY WILL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH

THE LAWS OF THE STATE OF TEXAS, WITHOUT WAIVING ANY

GOVERNMENTAL IMMUNITY AVAILABLE TO THE STATE UNDER TEXAS LAW

AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS

LAW.

1.28.14 The provisions of this Indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

1.28.15 The indemnities contained herein shall survive any termination of any Agreement or Contractual arrangement resulting from this Solicitation.

1.28.16 Supporting Documents, Retention; Right to Audit; Independent Audits. The successful Respondent(s) shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under any Agreement or

Contractual arrangement resulting from this Solicitation were expended in accordance with the laws and regulations of the State of Texas, including, but not limited to, requirements of the Comptroller of the State of Texas and the State

Auditor. The successful Respondent(s) shall maintain all such documents and other records relating to any Agreement or Contractual arrangement resulting from this Solicitation and the State’s property for a period of four years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. The successful Respondent(s) shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the Work of any Agreement or

Contractual arrangement resulting from this Solicitation. The successful

Respondent(s) and its Subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit.

The successful Respondent(s) must retain all work and other supporting documents pertaining to any Agreement or Contractual arrangement resulting from this Solicitation, for purposes of inspecting, monitoring, auditing, or evaluating by the University and any authorized agency of the State of Texas, including an investigation or audit by the State Auditor.

The successful Respondent(s) shall cooperate with any authorized agents of the

State of Texas and shall provide them with prompt access to all of the State’s work as requested. The successful Respondent's failure to comply with this requirement shall constitute a material breach of any Agreement or Contractual arrangement resulting from this Solicitation and shall authorize the University and

RFP 734-01152026-AS 17

the State of Texas to assess immediately appropriate damages for such failure.

The acceptance of funds by the successful Respondent(s) or any other entity or person directly under any Agreement or Contractual arrangement resulting from this Solicitation, or indirectly through a subcontract under any Agreement or

Contractual arrangement resulting from this Solicitation, shall constitute acceptance of the authority of the State Auditor to conduct an audit or investigation in connection with those funds. The successful Respondent(s) acknowledge and understand that the acceptance of funds under any Agreement or Contractual arrangement resulting from this Solicitation shall constitute consent to an audit by the State Auditor, Comptroller or other agency of the State of Texas. The successful Respondent(s) shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by

Subcontractors through the successful Respondent(s) and the requirement to cooperate is included in any subcontract it awards. Furthermore, under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit.

1.28.17 Ownership of Work Products, including Intellectual Property. The parties shall deem all work products produced as a result of this Agreement as “works for hire.” Upon delivery, all work products, including writings, drawings, plans, reports, specifications, calculations, documents, presentations, and other materials developed under this agreement shall be the University’s exclusive property, to use as the University deems appropriate.

The successful Respondent relinquishes all claims to copyright and other intellectual property rights in favor of the University.

Neither the successful Respondent nor its Subcontractors, if any, shall make any such materials available to any individual or organization, without the prior written approval of the University’s authorized representative, or designee. Successful

Respondent makes no representation of the suitability of the work product for use in, or application to, circumstances not contemplated by the scope of work.

1.28.18 In accordance with the Texas Education Code, Ch. 51, Section 51.9335, Subsection (h), any contract for the acquisition of goods and services to which an institution of higher education is a party, a provision required by applicable law to be included in the contract is considered to be a part of the executed contract without regard to:

a. Whether the provision appears on the face of the contract, or

b. Whether the contract includes any provision to the contrary

1.28.19 COMPLIANCE WITH THE UNIVERSITY POLICIES RESPONDENT IS NOTIFIED

THAT IN THE EVENT OF AN AWARD, THE FOLLOWING UNIVERSITY

POLICIES, AT A MINIMUM, SHALL APPLY TO A RESPONDENT’S EMPLOYEES

AND SUBCONTRACTORS WHILE ON THE LAMAR UNIVERSITY CAMPUS:

RFP 734-01152026-AS 18

a. On-campus driving and parking

b. Prohibition on smoking or tobacco use

c. Fire safety; Hazardous Materials

d. Drug-free workplace

e. Prohibition of sexual harassment, or harassment or discrimination based on race, color, national origin, age, sex, religion, disability, veterans’ status.

The University website may be viewed at htpp://www.lamar.edu/index.html

1.28.19.1 The President of the University or an authorized designee may require the successful Respondent to remove any person from the campus that, in his or her judgment, poses a danger to health or safety.

1.29 NON-BOYCOTT VERIFICATION: Pursuant to Section 2270.002 of the Texas Government

Code, Respondent certifies that either (i) it meets an exemption criterion under Section

2270.002, or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its response.

1.30 CYBERSECURITY TRAINING PROGRAM: Pursuant to Section 2054.5191, Texas

Government Code, Respondent and its subcontractors, officers, and employees, who are provided credentials granting access to Component’s computer system, also known as

Component’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas Government Code as selected by the Component. The cybersecurity training program must be completed during the term and any renewal period of the Agreement. Respondent shall verify in writing completion of the program to the

University within the first thirty (30) calendar days of the term and any renewal period of this Agreement. Failure to comply with the requirements of this section is grounds for termination for cause of the Agreement.

1.31 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION: Pursuant to Chapter

2274, Texas Government Code, Respondent verifies that (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate during the term of the Agreement against a firearm entity or firearm trade association.

1.32 VACCINE PASSPORT PROHIBITION: Respondent certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from, the

Respondent's business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contract.

1.33 CRITICAL INFRASTRUCTURE AFFIRMATION: Pursuant to Section 2274.0102, Texas

Government Code, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is (i) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Section 2274.0103, Texas Government Code, or headquartered in any of those countries.

RFP 734-01152026-AS 19

1.34 FOREIGN TERRORIST ORGANIZATIONS: Respondent represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.

-END OF SECTION 1-

RFP 734-01152026-AS 20

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND: Lamar University in Beaumont, Texas, was founded in

1923, a few blocks from the current location, as South Park Junior College, and enrolled 125 students in its first fall semester. The name changed to Lamar College in 1932 in honor of Mirabeau B. Lamar, second president of the Republic of Texas and the “Father of Education” in Texas. In the early 1940s, Lamar separated from the

South Park school district, which created the college and moved to its current location.

In 1951, the school became Lamar State College of Technology, a state-supported four-year institution, the first junior college in Texas to make such a transition. Lamar experienced tremendous growth during the 1950s and 1960s in both the number of students and the number of buildings on campus.

Lamar’s stature as a research institution continued to grow with the introduction in

1970 of its first doctoral program. In 1971, the name was changed to Lamar

University. During the 1970s, the University began operating branch campuses in

Port Arthur and Orange, which later became separate institutions. During the 1980s, the university was part of the Lamar University System.

Lamar University joined the Texas State University System in 1995. Under the leadership of President Emeritus James M. Simmons, who served from 1999 to 2013, the university experienced another period of significant growth, adding a host of facilities to improve campus life, attracting generous donations from alumni and friends, and prestigious research grants for scholarship and teaching improvement, while setting repeated enrollment records. LU is a recognized leader in online education and has been designated as a Doctoral Research University by the

Carnegie Foundation for the Advancement of Teaching. The University welcomed its

16th president, Jaime R. Taylor, to the top post in July of 2021.

2.2 MISSION STATEMENT: We are a diverse and accessible global university for lifelong learners with a passion for broad-based community engagement.