ESBD_486224_1769813504415_TSI-26-256 Cleanroom Consulting Services RFP.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and Business Services

REQUEST FOR PROPOSAL

RFP Number: RFP-01-TSI-26-256

CLEANROOM TOOLING CONSULTING SERVICES

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on February 24, 2026

EMAIL PROPOSAL RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: TSI-26-256 Cleanroom Tooling Consulting Services

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

REFER INQUIRIES TO:

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

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

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

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

The Texas A&M University System RFP-01-TSI-26-256 Page 2 of 33

TABLE OF CONTENTS

SECTION 1. INTRODUCTION _____________________________________________________________ 3

SECTION 2. INSTRUCTIONS FOR RESPONDENTS _____________________________________________ 5

SECTION 3. SCOPE OF WORK ____________________________________________________________ 8

SECTION 4. PROPOSAL RESPONSE _______________________________________________________ 10

SECTION 5. GENERAL TERMS AND CONDITIONS ____________________________________________ 14

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance Requirements

Exhibit D – Services Agreement – DRAFT

The Texas A&M University System RFP-01-TSI-26-256 Page 3 of 33

SECTION 1 – INTRODUCTION

1.1 Introduction

The Texas A&M University System (“A&M System”) is requesting proposals from qualified firms to provide specialized consulting services for the planning, oversight, and qualification of semiconductor research tools, including guidance on installation best practices, within a new cleanroom facility for the Texas A&M Semiconductor Institute (“TSI”).

By submitting responses, each Respondent certifies that it understands this Request for Proposal (“RFP”) and has full knowledge of the scope and nature of the opportunity described herein. Each Respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

1.2 About The A&M System

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

More information about The Texas A&M University System and all of its members can be found at the A&M System About page (https://www.tamus.edu/system/about/).

1.3 Calendar Of Events

Release of RFP ........................................................................................ January 30, 2026 Deadline to Submit Questions ................................................................ February 9, 2026 Release of Addendum (if applicable) ................................................... February 12, 2026 Deadline for Receiving Proposals ......................................................... February 24, 2026 Evaluation of Proposals ............................................................................................... TBD Anticipated Award Date .............................................................................................. TBD

The A&M System will make every effort to adhere to the above schedule. The schedule, however, is subject to change. Schedule changes may be necessary for various reasons including but not limited to addressing questions submitted to the RFP, the need for further clarification of proposal responses, and/or in the event the A&M System requires more time to assure that the selection of the Respondent is in accordance with its policies, rules and regulations, as well as actual timing needs.

1.4 Priorities/Expectations

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

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

http://www.tamus.edu/about/ https://www.tamus.edu/system/about/

The Texas A&M University System RFP-01-TSI-26-256 Page 4 of 33

(b) Level of Experience and Expertise. Respondent must demonstrate its capabilities in providing the utmost level of experience and expertise to ensure services are performed as needed by the A&M System.

(c) Financial Stability. Respondent must demonstrate its financial stability and capabilities in providing the required services through financial statements or other means of substantiation if requested by A&M System.

1.5 Performance Period

Should A&M System, in its sole discretion, enter into a services agreement (“Agreement”) with a successful Respondent as a result of this RFP, the resultant Agreement shall be effective upon final execution for a period of three (3) years.

The resultant Agreement may be extended for up to two additional one (1) year terms, provided the parties mutually agree in writing on the extension. Any extension shall be at the same terms and conditions of the original Agreement in addition to any approved changes determined solely by A&M System and negotiated in writing with the successful Respondent.

The Texas A&M University System RFP-01-TSI-26-256 Page 5 of 33

SECTION 2 - INSTRUCTIONS FOR RESPONDENTS

2.1 General Information

A&M System is seeking proposals from qualified firms, hereafter referred to as Respondent or Provider, who can provide the specialized consulting and related services (“Services”) for the planning, oversight, and qualification of semiconductor research tools, including guidance on installation best practices, within a new cleanroom facility as described and specified in Section 3 of this RFP. While it is the intent of the A&M System to effectively establish an agreement with a qualified provider for these Services, there is no guarantee that a contract will be awarded.

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

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

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

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

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

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

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

Expenses for developing and presenting proposals shall be the entire responsibility of the Respondent and shall not be chargeable to the A&M System. All supporting documentation submitted with this submittal will become the property of the A&M System.

2.2 Examination of the Request for Proposal

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

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

2.3 Proposal Submission Instructions

All proposals must be received by the A&M System no later than 2:00:00 p.m. Central Time, on February 24, 2026 electronically via email to soprocurement@tamus.edu with the subject line of:

“TSI-26-256 – Cleanroom Tooling Consulting Services”.

The sent time indicated within the A&M System email server shall be used for the receipt and acceptance of the response. Late proposals will not be considered under any circumstances.

Telephone and facsimile (“Fax”) proposals are not acceptable and will not be considered under any circumstances.

mailto:soprocurement@tamus.edu

The Texas A&M University System RFP-01-TSI-26-256 Page 6 of 33

Submittal Format:

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

2.4 Proposal Components

The following documents are to be returned as part of your proposal response. Failure to include these documents may be the basis for response disqualification.

I. Forms

Signed Execution of Offer (Exhibit A) Non-Collusion Affidavit (Exhibit B) signed and notarized HUB Subcontracting Plan (Section 4.5)

II. Proposal

Proposal Response (Sections 4.1– 4.4)

NOTE: Additional information regarding the Execution of Offer and Non-Collusion Affidavit.

• Execution of Offer: The signature in the Execution of Offer within the electronic copy shall serve as the official signature of record. Signature can be done electronically with DocuSign, Adobe or another similar tool.

• Non-Collusion Affidavit: The Respondent’s signature and notary on this document may be done electronically with an e-signature tool with that capability. An agreement may not be executed with the awarded Respondent until this document is fully signed and notarized.

2.5 Inquiries and Interpretations

All questions concerning this RFP are to be directed, in writing, to Jeff Zimmermann at soprocurement@tamus.edu. Respondent may not contact other individuals at the A&M System to discuss any aspect of this RFP, unless expressly authorized by the A&M System Procurement & HUB Program office to do so.

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum/amendment and posted to the Electronic State Business Daily (ESBD).

Deadline for submission of questions is by the end of the day on February 9, 2026. The A&M System will publish all questions with responses according to the schedule in Section 1.3.

CLICK HERE for the posting to obtain all documents related to this RFP. You may also copy and paste the following link (https://www.txsmartbuy.gov/esbd) into your browser and input Agency Number “710” and select “Posted” for the Status.

All such addenda/amendments issued by the A&M System prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such within Exhibit A. Any addendum issued and not acknowledged by the Respondent shall be considered accepted. Only formal written addenda issued by the A&M System in response to an inquiry shall be binding. Oral and other interpretations or clarification will be without legal effect.

mailto:soprocurement@tamus.edu https://www.txsmartbuy.gov/esbd?page=1&agencyNumber=710 https://www.txsmartbuy.gov/esbd?page=1&agencyNumber=710

The Texas A&M University System RFP-01-TSI-26-256 Page 7 of 33

2.6 Selection Process

The evaluation of the proposals shall be based on the information provided that the A&M System deems to represent the best value to the A&M System. The RFP provides the information necessary to prepare and submit proposals for consideration by the A&M System. All properly submitted proposals will be reviewed, evaluated, and ranked by the A&M System. The A&M System will rank the Respondents in the order that they provide the overall best value to the A&M System based on an evaluation of the responses to the RFP. The A&M System may interview one or more of the top ranked Respondents as part of the evaluation process.

After proposal tabulation and such investigation of Respondents as the A&M System deems appropriate, an award may be made to the Respondent whose proposal it judges to represent the best value to the A&M System. In determining what is the best value, the A&M System may consider (as applicable) but is not limited to the following: proposed costs; reputation of the Respondent; qualifications and experience; extent to which the services offered meets the A&M System needs; Respondent's past relationship with A&M System; and any other factor that A&M System deems relevant and would consider in selecting a Respondent for award. Final determination for award of the contract will be made on the overall best value to the A&M System.

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

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

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

The A&M System may perform reference checks and seek further information, as needed from all Respondents whose proposals the System, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes the A&M System to contact these organizations to discuss the services and other considerations which the Respondent has provided to such organizations and authorizes the organizations to provide such information to the A&M System and Respondent shall and hereby does release and hold harmless the A&M System, the state of Texas, and the organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the proposal.

The A&M System reserves the right to reject any or all proposals and re-solicit for new proposals, or to reject any or all proposals and temporarily or permanently abandon the project. The A&M System makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

The Texas A&M University System RFP-01-TSI-26-256 Page 8 of 33

SECTION 3 – SCOPE OF WORK

3.1 Introduction

The A&M System is requesting proposals from Respondents for specialized consulting and related services for the planning, oversight, and qualification of semiconductor research tools, including guidance on installation best practices, within a new cleanroom facility as described and specified in Section 3 of this RFP.

This section provides additional information about the background for the need, as well as requirements and expectations for these Services to be provided for TSI.

3.2 Background

The A&M System is constructing a world-leading research facility for advancing semiconductor design and production, covering approximately 82,000 gross square feet, which translates to roughly 52,000 assignable square feet. This facility will include a new state-of-the-art ballroom-style cleanroom to support advanced semiconductor research.

TSI recognizes the need for specialized expertise within the scope of this RFP to ensure the facility's successful commissioning and operation.

3.3 Scope of Work

The selected Respondent will work collaboratively with the A&M System Facilities Planning & Construction (FP&C) project team, which is responsible for managing the construction of the facility including the cleanroom. The project team includes the prime architect/engineer responsible for the design of the facility and the general contractor responsible for the construction. Communication with each of the team members as well as subconsultants and subcontractors may be necessary to fulfill the scope of the Services.

The Provider shall be responsible for but not limited to the following scope of work and key areas of responsibility.

A. Pre-Installation Planning:

• Utility Requirements Analysis: Thorough assessment of the utility requirements for each semiconductor tool, including electrical power (voltage, amperage, phase), gases (type, purity, flow rate, pressure), water (type, flow rate, temperature), and other specialized utilities. This includes verifying compatibility with the cleanroom's existing infrastructure.

• Facility Interface Design: Development of detailed interface drawings and specifications for connecting each tool to the cleanroom's utility systems. This includes specifying connection points, piping/wiring diagrams, and any necessary modifications to the proposed infrastructure.

• Equipment Layout and Placement: Creation of detailed layout plans for each tool within the cleanroom, considering factors such as workflow optimization, accessibility for maintenance, and minimizing contamination risks. This includes specifying clear aisle widths and ensuring compliance with safety regulations.

• Logistics and Scheduling: Development of a comprehensive logistics plan for the delivery and staging of the semiconductor tools and associated materials. This includes coordinating delivery schedules with vendors, ensuring adequate storage space, and

The Texas A&M University System RFP-01-TSI-26-256 Page 9 of 33 planning for the movement of heavy equipment within the cleanroom. This also includes developing a detailed project schedule outlining key milestones and dependencies.

B. Coordination with Trades:

• Trade Coordination Meetings: Facilitating regular coordination meetings with all relevant trades to ensure a smooth and efficient installation process. This includes resolving any conflicts in schedules or work plans and ensuring that all work is performed according to specifications.

C. On-Site Supervision of Installation Activities:

• Supervision and Quality Control: Providing on-site supervision during the installation of the semiconductor tools to ensure that all work is performed according to manufacturer specifications, industry best practices, and cleanroom protocols. This includes verifying proper connection of utilities, testing of systems, and troubleshooting any issues that arise.

• Safety Management: Enforcing strict adherence to safety protocols during all installation activities. This includes ensuring that all personnel wear appropriate personal protective equipment (PPE) and that all work areas are kept clean and organized.

• Progress Reporting: Providing regular progress reports to TSI and FP&C, outlining key milestones, challenges encountered, and solutions implemented.

D. Qualification of Installed Tools:

• Development of Qualification Protocols: Developing comprehensive qualification protocols for each installed tool, encompassing Installation Qualification (IQ), Operational Qualification (OQ), and Performance Qualification (PQ). These protocols should adhere to industry standards and address the specific requirements of the research being conducted.

• Execution of Qualification Tests: Executing the qualification protocols and documenting all test results. This includes verifying that the tools meet performance specifications, operate within the cleanroom's cleanliness requirements, and do not introduce contaminants into the environment.

• Documentation and Reporting: Compiling all qualification documentation into a comprehensive report and submitting it to TSI. This documentation should be detailed and readily accessible for future reference, audits, and troubleshooting.

E. Knowledge Transfer: Develop and deliver training materials and workshops to TSI staff on cleanroom protocols, tool installation best practices, and qualification procedures.

The Texas A&M University System RFP-01-TSI-26-256 Page 10 of 33

SECTION 4 – PROPOSAL RESPONSE

Responses to the RFP should include answers to the following questions and any other information relevant to your firm’s qualifications of the necessary Services for the A&M System.

4.1 Company Profile

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

B. Number of years in business: ____

C. Number of Employees: _____ (company wide)

D. Is your company currently for sale or involved in any transaction to expend or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms.

E. Provide any details of all past or pending litigation or claims filed against your company that would negatively impact your company’s performance under an agreement with the Agencies.

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

4.2 Technical Proposal

Respondent shall describe their qualifications as it relates to the overall needs and requirements of the A&M System as described in SECTION 3 – SCOPE OF WORK.

In responding to these requirements Respondent shall:

A. Describe, preferably in narrative format, how the Respondent can fulfill each of the items described in Section 3.3 (A-E).

B. Outline the proposed approach to each of the items described in Section 3.3 (A-E).

C. Provide a detailed project plan with timelines and milestones.

D. Demonstrate experience in cleanroom tool install process coordination, construction coordination, commissioning/qualification, and experience with the installation of semiconductor tools, specifically in a research environment.

E. Respondent may provide additional documentation that supports their ability to meet the needs and requirements of the A&M System and TSI.

4.3 Respondent Qualifications

Respondent shall provide a response to the following items:

A. Respondent must furnish at least three references from clients from the past five years for services provided similar in scope, size, and complexity to the scope of services described in Section 3 above. If possible, the A&M System requests that one of the references come from institutions of Higher Education and/or other similar public or private sector entities.

● Company/Institution name & address.

● Point of contact to include name, title, phone number and email address.

The Texas A&M University System RFP-01-TSI-26-256 Page 11 of 33

● Summary of services provided.

B. Provide qualifications of proposed personnel to include a resume for each team member identified.

4.4 Pricing Proposal

Provide a cost proposal that includes all costs, rates, and fees associated with the Services required as described in Section 3.

4.5 HUB Subcontracting Plan

The Veteran Heroes United in Business Program (VetHUB or HUB) as part of the state of Texas Comptroller’s Statewide Procurement Division will focus on certification of service-disabled veterans (SDV) to facilitate their growth and development and increase opportunities for contracts and subcontracts with the state of Texas. For Additional information on the VetHUB program visit the following site:

https://comptroller.texas.gov/purchasing/vendor/hub/hub-faq.php.

The A&M System requires a HUB subcontracting plan (HSP) for contracts of $100,000 or more over the life of the contract (including any renewals), where such opportunities exist. The total expected value of this solicitation and subsequent contract is $100,000 or more and the A&M System has determined that subcontracting opportunities are probable. Therefore, respondents to this RFP are required to develop and submit an HSP form with their proposal submission.

A subcontracting opportunity is defined as any portion or lot of work that the Respondent cannot complete with its own equipment, supplies, materials, and/or employees. The Respondents will use the procedures prescribed below when completing the HSP form.

The Respondent shall use the CMBL/HUB directory published on the comptroller’s website to identify HUBs. If the Respondent uses any alternate source, it accepts the risk that its HUB subcontracting plan may be noncompliant due to inaccurate HUB certification information. A business listed in the HUB directory at the time of the good faith effort is considered a HUB for purposes of evaluating a HUB subcontracting plan, even if the business later graduates or has its HUB status revoked or expired. If the Respondent uses any alternate source, it accepts the risk that its HUB subcontracting plan may be noncompliant due to inaccurate HUB certification information. The HUB directory can be accessed via the following site:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp.

The A&M System HUB Program Office will review the information and documentation submitted and use it as a basis to determine if the plan was developed in good faith effort by the Respondent to utilize HUB subcontractors and/or suppliers on this project. The A&M System may reject a HUB subcontracting plan that was not developed in good faith or was not completed. The A&M System shall document the reasons for rejection in the contract file. If the A&M System finds that businesses identified in a HUB subcontracting plan are no longer HUBs, it may invite the vendor to submit a revised plan that identifies active HUBs.

An accepted HSP form will become a part of any contract with the Respondent resulting from this solicitation. Any revisions to the HSP must be approved by the A&M System HUB Program Office.

Procedures for Completing the HSP Form

The A&M System requires the Respondent to submit an HSP form for this RFP. The HSP form must include all subconsultants, suppliers, subcontractors, and vendors intended to be included https://comptroller.texas.gov/purchasing/vendor/hub/hub-faq.php https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp

The Texas A&M University System RFP-01-TSI-26-256 Page 12 of 33 in the Respondent’s team. The A&M System has set a goal of 2% for this solicitation.

The Respondent may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities by utilizing one of four methods: (1) Solicitation Method, (2) All- HUB-Subcontractors Method, (3) Meeting-or-Exceeding-HUB-Goal Method, or (4) Self-performing Method.

1) Solicitation Method. To complete the solicitation method, the respondent shall comply with the following:

A. The respondent shall divide the work into reasonable lots or portions consistent with prudent industry practices.

B. The respondent shall notify, in writing, at least two trade organizations or development centers that serve disabled veterans of the subcontracting opportunities that the respondent intends to subcontract.

C. The respondent shall notify, in writing, at least three HUBs of the subcontracting opportunities that the respondent intends to subcontract. The respondent shall provide the notice described in this subclause to three or more HUBs per subcontracting opportunity that provide the type of work required.

D. The notices required by subparagraphs (B) and (C) of this paragraph shall include the scope of work, information regarding location to review plans and specifications, information about bonding and insurance requirements, required qualifications, and other contract requirements and identify a contact person.

E. The respondent shall provide the notices required by subparagraphs (B) and (C) of this paragraph at least seven working days prior to submission of the response.

Neither the day on which the notice is sent nor the day on which the respondent submits its response count as one of the required seven working days. A state agency may determine that circumstances require a different time period than seven working days but must notify potential vendors of the requirement and document the justification in the contract file.

F. The respondent shall submit documentation of having provided the notices required by subparagraphs (B) and (C) of this paragraph, including copies of relevant correspondence with the recipients, with its HUB subcontracting plan.

G. If the respondent selects a non-HUB business to perform a subcontract instead of a HUB that bid for the same subcontract work, the respondent shall include a written justification for the selection in its HUB subcontracting plan.

H. The respondent shall retain documentation of its compliance with each aspect of the solicitation method and submit it to the state agency upon request.

2) All-HUB-Subcontractors Method. The respondent may use the all-HUB-subcontractors method to demonstrate a good faith effort for any subcontracting opportunity by submitting documentation that 100% of subcontracting opportunities will be performed by HUBs.

3) Meeting-or-Exceeding-HUB-Goal Method. The respondent may use the meeting-or exceeding-HUB-goal method to demonstrate a good faith effort for any subcontracting opportunity by submitting documentation that it will utilize one or more HUBs to perform subcontracts with a total value that will meet or exceed the HUB utilization goal identified by the procuring state agency in the solicitation.

4) Self-performing Method. The respondent may use the self-performing method to demonstrate a good faith effort for any subcontracting opportunity by providing a

The Texas A&M University System RFP-01-TSI-26-256 Page 13 of 33 statement of how it intends to fulfill the entire contract, including each subcontracting opportunity, with its own equipment, supplies, materials, and employees.

The A&M System HSP form to be used is located at the following site:

https://www.tamus.edu/procurement/hub-procurement/hub-programs-3/resources-for-hub-vendors-partners/#forms

For more information or assistance in properly completing this requirement of this RFP, the Respondent may contact the A&M System at SO-HUBProgram@tamus.edu. Each Respondent is encouraged to submit a draft of their HSP form prior to submitting their response to the RFP for review by the A&M System. To permit adequate time for the performance of the required good faith effort, we request that all drafts be submitted at least ten business days prior to the RFP due date.

https://www.tamus.edu/procurement/hub-procurement/hub-programs-3/resources-for-hub-vendors-partners/#forms https://www.tamus.edu/procurement/hub-procurement/hub-programs-3/resources-for-hub-vendors-partners/#forms mailto:SO-HUBProgram@tamus.edu

The Texas A&M University System RFP-01-TSI-26-256 Page 14 of 33

SECTION 5 - GENERAL TERMS AND CONDITIONS

A. TERMS AND CONDITIONS: The A&M System reserves the right to accept, reject, modify, and/or negotiate any and all submittals received in conjunction with this RFP. It reserves the right to waive any defect or informality in the submittals on the basis of what it considers to be in its best interests.

Any submittal which the A&M System determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. The A&M System reserves the right to award to the company, or companies, which in our sole judgment, will best serve our long-term interest.

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

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by the A&M System Office of General Counsel are essential prior to execution of any resultant agreement.

In the event the Respondent does not supply terms and conditions with their submittal, A&M System terms and conditions will govern this transaction.

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

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

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

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

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

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

H. ALTERNATE PROPOSALS: A&M System reserves the right to consider alternate proposals submitted

The Texas A&M University System RFP-01-TSI-26-256 Page 15 of 33 by Respondents. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

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

J. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the A&M System or any of its Members, (2) a person who at any time during the four years before the date of the contract was the executive head of the A&M System or any of its Members, or (3) a person who employs a current or former executive head of the A&M System or any of its Members.

K. EXECUTIVE ORDER GA-48 CERTIFICATION: Respondent certifies that pursuant to Executive Order GA- 48, Hardening of State Government, Respondent is not and, if applicable, none of its holding companies or subsidiaries are a) listed in Section 889 of the 2019 National Defense Authorization Act (“NDAA”) regarding telecommunications and video surveillance; b) listed in Section 1260H of the 2021 NDAA regarding Chinese military companies in the US; c) owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4 (“15 C.F.R. § 791.4 List”); or d) controlled by any governing or regulatory body located in a country on the 15 C.F.R. §

791.4 List. Respondent acknowledges that a false certification is grounds for immediate termination of any resulting contract or purchase order with no further obligation on the part of A&M System.

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

M. REQUIRED CONTRACT TERMS: The terms and conditions contained in the draft agreement attached as Exhibit D or, in the sole discretion of the A&M System, terms and conditions substantially similar to those contained in the attached agreement, will constitute and govern any Agreement that results from this RFP. If Respondent takes exception to any terms or conditions set forth in the attached agreement, Respondent will submit a list of the exceptions as part of its proposal. Respondent’s exceptions will be reviewed by the A&M System and may result in disqualification of Respondent’s proposal as non-responsive to this RFP. If Respondent’s exceptions do not result in disqualification of Respondent’s proposal, then the A&M System may consider Respondent’s exceptions when the A&M System evaluates the Respondent’s proposal.

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EXHIBIT A

EXECUTION OF OFFER

RFP-01-TSI-26-256

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

A.1 Respondent Affirmation

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

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

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

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

Addenda Acknowledgment:

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

No. 1 ______ Date No. 3 ______ Date

No. 2 ______ Date No. 4 ______ Date

A.2 Signature

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

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

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

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

(iv) no relationship, whether as a relative, business associate, by capital funding agreement or by any other such kinship exists between Respondent and an employee of the A&M System;

(v) Respondent has not been an employee of the A&M System within the immediate twelve (12) months prior to the RFP response;

(vi) no compensation has been received for participation in the preparation of this RFP (ref. Section

2155.004 Texas Government Code);

The Texas A&M University System RFP-01-TSI-26-256 Page 17 of 33

(vii) all services to be provided in response to this RFP will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health law (Public Law 91-

596) and its regulations in effect as of the date of this solicitation;

(viii) Respondent complies with all federal laws and regulations pertaining to Equal Employment Opportunities;

(ix) to the best of its knowledge, no member of the Board of Regents of The Texas A&M University System, or the Executive Officers of the Texas A&M University System or its member institutions or agencies, has a financial interest, directly or indirectly, in the award of this solicitation;

(x) if the Respondent is subject to the Texas franchise tax, it is not currently delinquent in the payment of any franchise tax due under Chapter 171, Texas Tax Code, or is exempt from the payment of such taxes. A false certification may result in the Respondent’s disqualification;

(xi) under Section 231.006, Family Code, the Respondent or applicant certifies that the individual or business entity named in this RFP, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that any resultant agreement may be terminated and payment may be withheld if this certification is inaccurate;

(xii) under Section 2155.006, Government Code, the Respondent certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that any resultant agreement may be terminated and payment withheld if this certification is inaccurate;

(xiii) under Section 2155.0061, Texas Government Code, the Respondent certifies that the individual or business entity named in this solicitation is not ineligible to receive the specified contract and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate; and

(xiv) Respondent warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver this RFP and any contract which may result from the submission of the Response.

Respondent shall provide their Federal Employer Identification Number (“EIN”), full vendor name, address and contact information as requested in the spaces below. Failure to manually sign or with electronic signature (i.e. DocuSign or Adobe Sign) in the Authorized Signature line below will disqualify the proposal response. The person signing shall show title or authority to bind his/her firm into a contractual relationship.

Federal EIN/Taxpayer ID #: _____________________________________________________

Vendor/Company Name: ______________________________________________________

Authorized Signature: ________________________________________________________

Date Signed: ________________________________________________________________

Name: _____________________________________________________________________

Title: _______________________________________________________________________

Street: _____________________________________________________________________

City/State/Zip: _______________________________________________________________

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Telephone No.: ______________________________________________________________

Fax No.: ____________________________________________________________________

E-mail: _____________________________________________________________________

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

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EXHIBIT B

NON-COLLUSION AFFIDAVIT

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

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

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

CONFLICT OF INTEREST

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

Signature ____________________________________________

Company Name ____________________________________________

Date _______________________

Subscribed and sworn to before me this

__________ day of ________________, 2026.

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

___________________. My commission expires: __________________________

THE EXECUTION OF OFFER AND NON-COLLUSION AFFIDAVIT MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT’S SUBMISSION. FAILURE TO SIGN AND RETURN THESE DOCUMENTS WILL RESULT IN THE REJECTION

OF YOUR SUBMISSION.

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EXHIBIT C

INSURANCE REQUIREMENTS

A. PROVIDER shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. All coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M.