ESBD_490296_1771368118359_RFP-01-BCDC-26-273 BAM Communications System RFP.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR PROPOSAL

RFP NUMBER: RFP-01-BCDC-26-273

BAM OPERATIONAL COMMUNICATIONS SYSTEM

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on March 9, 2026

EMAIL RFP RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: BCDC-26-273 – BAM COMMUNICATIONS SYSTEM

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 (“RFP”). 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 public information.

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

The Texas A&M University System RFP-01-BCDC-26-273 Page 2 of 39

TABLE OF CONTENTS

SECTION 1. INTRODUCTION ___________________________________________________________ 3

1.1 Introduction

1.2 Background

1.3 Priorities/Expectations

1.4 Calendar of Events

SECTION 2. INSTRUCTIONS FOR RESPONDENTS ___________________________________________ 5

2.1 General Information

2.2 Examination of the Request for Proposal

2.3 Submittal Instructions

2.4 Proposal Components

2.5 Inquiries and Interpretations

2.6 Selection Process

SECTION 3. SCOPE AND REQUIREMENTS _________________________________________________ 9

3.1 General Scope

3.2 COMM System Goal and Outcomes

3.3 Facility Details

3.4 COMM System Requirements

3.5 Additional Requirements

SECTION 4. PROPOSAL RESPONSE _____________________________________________________ 11

4.1 Company Profile

4.2 Technical Proposal

4.3 Experience

4.4 Cost Proposal

4.5 VetHUB Subcontracting Plan

SECTION 5. GENERAL TERMS AND CONDITIONS __________________________________________ 15

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance Requirements

Exhibit D – Required Contract Terms – Agreement Draft

The Texas A&M University System RFP-01-BCDC-26-273 Page 3 of 39

SECTION 1 – INTRODUCTION

1.1 Introduction

The Texas A&M University System (“A&M System”) and the George H.W. Bush Combat Development Complex (“BCDC”) are seeking proposals in response to this RFP from qualified companies (“Respondent”) for the design, purchase and installation of an Internet Protocol (“IP”) based operational communications system that supports mobile and stationary users within the Ballistic, Aero-Optics, & Materials (BAM) range. Respondents shall submit proposals per the specifications stated in Section 3.

By submitting responses, each Respondent certifies that it understands the requirements of this RFP and has full knowledge of the scope, nature, specifications of the communications system required, and any services necessary to provide an acceptable system that is operational and functioning to the satisfaction of BCDC.

Respondent is to independently investigate and verify, at its own discretion, all information acquired from A&M System or from any other source which is relied on by Respondent in the preparation of its proposal. 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.

Proposals shall be in accordance with the terms, conditions, and requirements set forth in this

RFP.

1.2 Background

A&M System A&M 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. A&M System serves approximately 175,000 students and reaches millions more through service, research, and outreach programs each year. With $1.6 billion in annual research expenditures, the A&M System fuels innovation, supports communities and drives Texas’ economy forward. More information about A&M System can be found on the A&M System About page.

BCDC

BCDC is a national hub for accelerating defense and security innovation. Located at the A&M System’s RELLIS campus, BCDC brings together world-class researchers, advanced facilities, and strategic partners to develop and transition technologies that matter.

The U.S. Army Futures Command will use the RELLIS campus in Bryan, Texas, as its central hub where the newest and most innovative ideas for modernizing the army are tested and evaluated.

The aim is to shorten the time it takes to get emerging technologies from the lab to the field and maximize technology capabilities through soldier and stakeholder feedback.

BAM

The Ballistic, Aero-Optics, & Materials (BAM) Range is a national-scale, fully enclosed research, experimentation, and test facility. Specifically engineered to advance hypersonics, directed energy, and hypervelocity impact research, the BAM Range bridges the gap between lab-scale experiments and open-range testing. Featuring a nominal 2.4m diameter enclosed range-ultimately to be extended to one kilometer in length – the BAM Range offers an unmatched test environment. Its controllable atmosphere and integrated instrumentation allow precise measurements under simulated weather conditions including turbulence, precipitation, and particulates, enabling researchers to explore real-world impacts in a repeatable, secure setting.

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

The Texas A&M University System RFP-01-BCDC-26-273 Page 4 of 39

1.3 Priorities/Expectations

Respondents should note the following priorities and expectations regarding the possibility of 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 A&M System in a timely, cost-effective manner. 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.

(b) Level of Experience and Expertise. Respondent must demonstrate their capabilities in providing the utmost level of experience and expertise to ensure successful completion of scope as determined by A&M System.

(c) Delivery Efficiency as it Relates to Total Costs. Respondent must demonstrate its ability to deliver the required scope in a cost-effective and timely manner while not sacrificing the quality required by A&M System.

1.4 Calendar Of Events

Release of RFP ....................................................................................................... February 17, 2026 Deadline to Submit Questions .............................................................................. February 26, 2026 Release of Addendum (if applicable) .......................................................................... March 2, 2026 Deadline for Receiving Proposals ......................................................................... March 9, 2026 Anticipated Award Date ............................................................................................................... TBD

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 the need for further clarification of responses or terms of contract are in the best interest of A&M System and/or in the event 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.

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SECTION 2 - INSTRUCTION FOR RESPONDENTS

2.1 General Information

A&M System and BCDC are soliciting proposals from qualified Respondents who can provide the operational communications system (“COMM System”) as specified in Section 3 of this RFP. While it is the intent of A&M System to establish an Agreement with the successful Respondent for the COMM System, there is no guarantee that an award will be made, or any Agreement executed.

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

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.

2.2 Examination of the Request for Proposal

Before submitting, each Respondent will be held to have examined A&M System requirements outlined in Section 3 and accepts the existing conditions under which it will be obligated to perform in accordance with the 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 Submittal Instructions

All proposals must be received by A&M System, no later than 2:00:00 p.m. Central Time, March 9, 2026 electronically via email to soprocurement@tamus.edu with the subject line of “BCDC-26- 273 – BAM Communications System”. The sent time indicated within A&M System email server shall be used for the receipt and acceptance of the response. It is each Respondent’s responsibility to ensure that the entire submittal response is received by A&M System by the deadline stated above regardless of submission method. Late proposals will not be considered under any circumstances.

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”.

mailto:soprocurement@tamus.edu

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2.4 Proposal Components

The following documents and all requirements from noted sections are to be returned as part of your proposal response. Failure to include these documents and all requested information may be basis for response disqualification.

I. Forms

• Signed Execution of Offer (Exhibit A)

• Non-Collusion Affidavit (Exhibit B) signed and notarized

• VetHUB 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 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, Executive Director, Procurement and Business Services at soprocurement@tamus.edu. Respondents may not contact other individuals at A&M System to discuss any aspect of this RFP, unless expressly authorized by A&M System’s Procurement & HUB Program office to do so.

Questions regarding the RFP, including questions for more data or information beyond that included in this RFP and any attachment, should be presented in writing. Deadline for submission of questions is February 26, 2026. The A&M System will publish all questions with responses according to the schedule in Section 1.4.

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) at the following site; http://www.txsmartbuy.com/sp. (Input Agency Number “710” and select “Posted” for the Status)

It is the responsibility of all Respondents to check the ESBD for any and all addenda issued for this RFP. 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 in Exhibit A – Execution of Offer. Only those A&M System inquiries receiving a public reply via formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

2.6 Selection Process

The evaluation of the proposals shall be based on the information provided that A&M System deems to represent the best value to A&M System. The RFP provides the information necessary to prepare and submit proposals for consideration by A&M System. All properly submitted mailto:soprocurement@tamus.edu http://www.txsmartbuy.com/sp

The Texas A&M University System RFP-01-BCDC-26-273 Page 7 of 39 proposals will be reviewed, evaluated, and ranked by A&M System. A&M System will rank the Respondents in the order that they provide the overall “best value” to A&M System based on an evaluation of the responses to the RFP. A&M System may interview one or more of the top ranked Respondents as part of the evaluation process.

A&M System will base its choice on criteria to include, but not be limited to, the following:

demonstrated competence, capability, and qualifications of the Respondent in respect to the scope, product and services offered; system offered meets the specifications and requirements of the A&M System; completion timeframe; proposed costs; any other factors deemed relevant by the A&M System; and if other considerations are equal, give preference to a Respondent whose principal place of business is in the State of Texas, will manage the contract wholly from an office in the state of Texas.

The Respondent selected will be those whose experience, qualifications, and capability as presented in response to this RFP, establish them, in the opinion of A&M System, as well qualified and offering the greatest benefits, experience and overall value to the A&M System. A&M System may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should A&M System determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and executed with that Respondent. The contract will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the Respondent’s proposal as negotiated.

After proposal tabulation and such investigation of Respondents as A&M System deems appropriate, an award may be made to the vendor whose proposal it judges to represent the best value to A&M System. Final determination for award of the contract will be made on the overall best value to A&M System. A&M System reserves the right to reject any or all proposals.

The selection of the successful proposal may be made by 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 A&M System on the basis of negotiation with any of the Respondents. 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 this RFP, A&M System alone will determine whether the variance is minor enough to consider the proposal acceptable, and therefore a candidate for further consideration, or significant enough to consider the proposal not acceptable and therefore not considered for award.

The most qualified Respondents as determined by A&M System MAY BE REQUIRED to interview with the evaluation committee before the final selection(s). If interviews are required, they will be done online through video conferencing, or in person if requested by A&M System and agreed to by both parties. A&M System will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation, submission or interviews that may be conducted.

A&M System may perform reference checks and seek further information, as needed from all Respondents whose proposals A&M System, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes 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 A&M System and Respondent shall and hereby does release and hold harmless

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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.

A&M System reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive Respondent(s).

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

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SECTION 3 – SCOPE AND REQUIREMENTS

3.1 General Scope

The A&M System and BCDC are seeking proposals in response to this RFP for the design, purchase and installation of an operational communications system per the goals, performance outcomes and requirements provided below.

3.2 COMM System Goal and Outcomes

The goal of this system is to enable the safe and efficient conduct of research and test operations at the BAM range. The system will enable researchers and test engineers to inspect the status and conditions of equipment within and around the test range while communicating with test leads and VIPs in a control room and an observation building. The outcome of this system is that researchers, test engineers and test leads have seamless communication from the control room, observation building and in and around the BAM facility.

3.3 Facility Details

The relevant facilities include a hypersonic test building (see below diagram), referred to as the “test building” and an observation building. Both buildings are on the Texas A&M-RELLIS campus and operate on the same Campus Area Network (CAN). Each has existing switches, wall ports and networking infrastructure.

The test building’s exterior is of insulated pre-engineered metal building construction with interior reinforced concrete masonry unit walls. The test building also has five sections, each separated by reinforced concrete walls. One section is a control room while most of the other sections are for field work. The building is 500’ x 130’. The dimensions of the individual sections are similar, but not equivalent. The exact dimensions are protected information and will be shared upon the awarding of the contract after an NDA is agreed to.

The observation building is a shared office space across multiple research teams with The Texas A&M University System. There are rooms on the top floor dedicated to the hyper sonics facility.

One of the rooms is utilized as a remote-control room, and has exterior windows facing the test building, but with a radio frequency (RF) coating. Another room, more interior to the building, has a large screen wall that is used as an observation room for guests and VIPs.

The Texas A&M University System RFP-01-BCDC-26-273 Page 10 of 39

3.4 COMM System Requirements:

Required Elements:

A. IP based intercom scalable solution, preferred scalable unit of a single device.

B. “Hosted” on site at the test building.

C. 4 Communication Channels Minimum with a preferred option to expand in the future.

D. Utilizes existing IT infrastructure as much as possible (Cat6A, SM or MM Fiber, Wi-Fi6, Cisco 9XXX series switches, fixed end-user workstations (Windows), mobile field-user tablets (iOS/Android/Windows).

E. Extends to users at the observation room across the Campus Area Network

F. Includes the following devices:

o 7 “Mobile” devices for users maneuvering around and outside the test building.

o 3 On-site stationary devices to support users at workstations within the control room of the test building.

A software solution installed on a Windows 11 Computer is acceptable. A hardware device is also acceptable.

o 4 Off-site stationary devices to support users at workstations in the observation building, which exists on the same Campus Network

Network configuration to create necessary VLANs and allow necessary traffic across buildings will be done in-house and is not part of the proposal.

A software solution installed on a Windows 11 Computer is acceptable. A hardware device is also acceptable.

o Expandable to add more mobile and stationary devices in the future.

Preferred Elements:

A. Ability to route audio feed to intercom channels into an observation room within the observation building and expandable to route audio to speakers within test building sections.

B. Expandable to large exterior coverage in between buildings and wooded areas.

C. All software licenses purchased to be one-time perpetual licenses rather than a recurring licensing fee (both options may be submitted).

3.5 Additional Requirements

Awarded Respondent (should there be an award) shall be required to provide the following additional deliverables:

A. Thorough documentation of installed devices and the network equipment utilized to connect them.

B. Training on the configuration, implementation and operation of the devices, to include user manuals and digital instructions via PDF or video.

C. Upon installation, maps showing the signal strength inside and immediately outside the BAM facility for any RF / Wireless equipment used in the proposal.

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SECTION 4 – PROPOSAL RESPONSE

Respondent recognizes that in its selection process, A&M System will rely, in part, on the answers provided in response to this Section. Accordingly, Respondent warrants to the best of its knowledge that all responses are true, accurate and complete.

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. 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.

D. 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.

E. 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

Respondents shall include the following items within the proposal response:

A. Cover Letter: Include a brief introduction with interest, capability, and experience of the Respondent.

B. Provide information and/or documentation to verify compliance with the COMM System Requirements included in Section 3.4.

C. Describe how each of the deliverables listed in Section 3.5 will be met. Include example documentation (as available) as support and verification of these additional requirements.

D. Provide a response to each of the following questions:

1. What equipment in this proposal is interchangeable (i.e. headsets, microphones, etc.)?

2. How is the COMM System proposed expandable and upgradable in the future to add more devices, users, or features?

3. Does the COMM System include any recurring costs? If so, what are they?

4. Can the COMM System be user installed and configured?

5. Does the COMM System require regular maintenance / service calls? If so, can they be performed by users?

6. Are there components that are vendor locked due to proprietary standards?

E. Provide a phased timeline to include design, installation, training and operational validation.

Completion of the full timeline within 2 months is preferred. If proposed timeline exceeds

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2 months, include an explanation to include any specific factors contributing to the overall timeline.

4.3 Experience

Respondent must demonstrate prior experience designing, integrating, and delivering communication systems of comparable scale and complexity. To support experience, provide the following information for at least two (2) relevant projects completed within the past five (5) years without disclosing proprietary client names:

A. Project Overview: A brief description of the system, including power class, wavelength range, intended application (e.g., propagation, materials interaction, sensing).

B. Technical Approach: Key design or engineering challenges addressed, technologies or methods employed, and how performance requirements were verified.

C. Reference Contact: Organization name and point of contact (title, email, or phone) for potential verification would be helpful although not required at initial proposal. During the proposal evaluation, a member of the RFP review committee may contact respondents to obtain clarity on the respondents' prior experience in this area.

4.4 Cost Proposal

Respondent shall provide a complete cost proposal for the scope and services required for the COMM System proposed.

A. Cost Breakdown. Provide a cost breakdown to include all costs necessary for the full design, purchase, installation, operational validation, training and acceptance. If there are any recurring costs associated with the COMM System proposed those shall be included in the cost proposal breakdown.

No additional costs will be considered for payment if not included within the cost proposal.

B. Payment Schedule. The cost proposal shall also include a payment schedule to identify payments expected throughout each phase of the project. The proposed payment schedule shall coincide with the site visit and demonstration requirements listed within Section 3.5 above.

4.5 VetHUB 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.

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

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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 in the Respondent’s team. The A&M System has set a goal of 2% for this solicitation.

In accordance with 34 TAC §20.285, as amended, 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.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TEXAS_REGISTER_SUMMARY&recordId=457245

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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 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 five 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

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SECTION 5 - GENERAL TERMS AND CONDITIONS

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

This RFP in no manner obligates 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 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 A&M System’s 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, the 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 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. 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, 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. Respondents 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 by Respondents. Alternate proposals shall be clearly marked “Alternate” with the

The Texas A&M University System RFP-01-BCDC-26-273 Page 16 of 39 proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

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

K. 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.

L. REQUIRED CONTRACT TERMS: The terms and conditions contained in the draft agreement attached as Exhibit D or, in the sole discretion of 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 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 A&M System may consider Respondent’s exceptions when A&M System evaluates the Respondent’s proposal.

The Texas A&M University System RFP-01-BCDC-26-273 Page 17 of 39

EXHIBIT A

EXECUTION OF OFFER

RFP-01-BCDC-26-273

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-BCDC-26-273 Page 18 of 39

(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 Solution;

(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; and,

(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 Agreement is not ineligible to receive the specified contract and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate.

(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: _______________________________________________________________________

The Texas A&M University System RFP-01-BCDC-26-273 Page 19 of 39

Street: _____________________________________________________________________

City/State/Zip: _______________________________________________________________

Telephone 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).

The Texas A&M University System RFP-01-BCDC-26-273 Page 20 of 39

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 A&M System or any employee thereof, or any person, firm or corporation under contract with A&M System whereby the Respondent, in order to induce acceptance of the foregoing Proposal by said 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…