ESBD_514825_1778614807997_RFP TSUATH-RFP0017 Football Equipment Transportation Services.pdf

TARLETON STATE UNIVERSITY

PROCUREMENT SERVICES & VETHUB PROGRAM

REQUEST FOR PROPOSAL

RFP NUMBER

04-TSUATH-RFP-0017

FOOTBALL EQUIPMENT TRANSPORTATION SERVICES

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 PM Central Time, Tuesday, 16 June 2026

MAIL PROPOSAL TO:

Tarleton State University Procurement Department

Attn: Brandi Gilbert, Buyer II Purchasing

Box T-0600 Stephenville, TX 76402

HAND DELIVER AND/OR

EXPRESS MAIL TO:

Procurement Department

Attn: Brandi Gilbert, Buyer II Purchasing

201 Saint Felix Street Stephenville, TX 76401

Electronic Response https://bids.sciquest.com/apps/Router /PublicEvent?CustomerOrg=TAMU

Show RFP Number, Opening Date and Time on Return Envelope

Proposal must be received in the Tarleton State University Procurement office before the hour and date specified for receipt of proposal. If it is not received in the department by due date and time, the proposal will be considered late and will be returned to the respondent.

Pursuant to the Provisions of Texas Government Code Title 10, Chapter 2156.121 - 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, only the names of proposers will be made public. Prices and other proposal details will only be divulged after the award, if one is made.

REFER ALL INQUIRIES TO:

Ms. Brandi Gilbert, Buyer II, Procurement Services

Procurement Department

254-968-1691 Email: bgilbert@tarleton.edu https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU

Contents

SECTION 1

GENERAL

1.1 Scope

1.2 History and Context

1.3 Contract Term

1.4 Tarleton VETHUB Policy and VETHUB Subcontracting Requirements

1.5 Pre-Proposal Conference

SECTION 2

STATEMENT OF WORK

2.1 Goal

2.2 Scope of Work

SECTION 3

SELECTION PROCESS

3.1 Selection Process

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

4.2 Notice of Tarleton Holidays – Offices Closed

4.3 Submittal Instructions

4.4 Special Requirement for Respondents

4.5 Proposal Content and Components

4.6 Tarleton State University Contract

4.7 Inquiries and Interpretations

4.8 Terms and Conditions and Contract

4.9 Protest Procedures

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.2 Alternate Proposal

5.3 Definitions

5.4 Time of Performance

5.5 Default

5.6 Termination

5.7 Warranties

5.8 Agreement Amendments

5.9 Independent Vendor Status

5.10 Right to Audit

5.11 Title, Risk of Loss and Freight

5.12 Acceptance of Goods and Services

5.13 Ownership of Deliverables

5.14 Sales and Use Tax

5.15 Invoicing

5.16 Payment

5.17 Reporting

5.18 Observance of University Rules and Regulations

5.19 Recall Notice

5.20 Non-Disclosure

5.21 Publicity

5.22 Severability

5.23 Non-Waiver of Defaults

5.24 License and Permits

5.25 Non-discrimination

5.26 Compliance with Law

5.27 Federal Laws and Regulations

5.28 Alcohol and Drug-Free Workplace

5.29 Force Majeure

5.30 Governing Law

5.31 Venue

SECTION 6

CONTRACTUAL REQUIREMENTS

6.1 Insurance

6.2 VETHUB Subcontracting Plan (HSP)

6.3 Public Information

6.4 Indemnification

6.5 Performance/Payment Bonds

6.6 Other Benefits

6.7 Dispute Resolution

6.8 Contract Administration

SECTION 7

KEY EVENTS SCHEDULE

EVALUATION CRITERIA

ATTACHMENT B

EXECUTION OF OFFER

ATTACHMENT C

NON-COLLUSION AFFIDAVIT

ATTACHMENT D

FELONY CONVICTION NOTICE

ATTACHMENT E

INSURANCE REQUIREMENTS

ATTACHENT F……………………………………………………………………………………………………………………………………………………………………………………..31

2026 ANTICIPATED SCHEDULE……………………………………………………………………………………………………………………………………………………….31

SECTION 1

GENERAL

1.1 Scope

The purpose of this solicitation is to establish a contract with a qualified vendor to provide professional driver and transportation services for the University’s football equipment trailer. Services will include the safe, timely transport of the trailer to and from all scheduled away games, postseason events, and other designated activities.

By submitting responses, each respondent certifies that it understands this Request for Proposal (RFP) and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND

QUESTIONS AS DIRECTED.

1.2 History and Context

Tarleton was established in 1899 in Stephenville, Texas as John Tarleton Agricultural College, a private institution.

In 1917, John Tarleton became a junior college and a member of The Texas A&M University System. The college was changed to a four-year, co-educational, senior college by an act of the Legislature in 1959. In 1971, the University began offering master’s level programs, and in 1973, the Legislature changed the name of the institution to Tarleton State University.

A founding member of The Texas A&M System, Tarleton State University is breaking records — in enrollment, research, scholarship, athletics, philanthropy and engagement — while transforming the lives of approximately 18,000 students in Stephenville, Fort Worth, Waco, Bryan and online. For 125 years, Tarleton State has been committed to accessible higher education opportunities for all while helping students grow academically, socially and professionally through programs that emphasize real world learning and address regional, state and national needs. More information can be found at www.tarleton.edu.

Mission: Tarleton State University, a founding member of the Texas A&M University System, transforms generations by inspiring discovery, leadership and service through educational excellence.

Vision: Tarleton will be the premier comprehensive university in the nation, with a keen focus on student success, teaching, and research.

Values and Statements:

Excellence – Tarleton Texans pursue greatness in all efforts, promoting a spirit of leadership, adaptability, and innovation for exceptional outcomes and a better world.

Integrity – Tarleton Texans hold to the highest ethical standards and commit to serving others through transparency and accountability in everything we do.

Respect – Tarleton Texans create a thriving community by embracing varied perspectives with civility, honoring tradition, and promoting collaboration so everyone thrives.

Tarleton State University Athletics History and Purpose http://www.tarleton.edu/

Tarleton State University, a member of The Texas A&M University System, has built a proud and enduring tradition of athletic excellence and competitive achievement since its founding in 1899. Over the years, Tarleton’s athletics program has evolved from regional competition to national recognition, culminating in its transition to NCAA Division I status in July 2020 as a member of the Western Athletic Conference (WAC). Today, Tarleton sponsors 17 intercollegiate athletic programs, including football, basketball, baseball, softball, volleyball, track and field, golf, and Tennis.

Tarleton State University is now competing in United Athletic Conference.

Tarleton State Division of Advancement

The Division of Advancement at Tarleton State oversees all philanthropic fundraising to include private foundation gifts and grants and corporate gifts. Additionally, the Division works closely with the Department of Athletics on traditional sponsorships to ensure full institutional coordination and strategic impact of corporate engagement.

Fundraising authority at Tarleton State University is assigned to the Vice President of Advancement and his delegates by the Tarleton State University President (University Policy SAP21.05.01.TO.01)

1.3 Contract Term

The intent of this Agreement is to have services provided to Tarleton State University for a period of one (1) year, with the option to renew for up to four (4) years, if mutually agreed upon by both parties, with all terms and conditions remaining firm.

1.4 Tarleton VETHUB Policy and VETHUB Subcontracting Requirements

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.

Additional information on the VetHUB program visit the following site:

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

Tarleton 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 Tarleton 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 Tarleton Procurement 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 https://comptroller.texas.gov/purchasing/vendor/hub/hub-faq.php https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp suppliers on this project. Tarleton may reject a HUB subcontracting plan that was not developed in good faith or was not completed. Tarleton shall document the reasons for rejection in the contract file. If Tarleton 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 Tarleton Procurement Office.

Procedures for Completing the HSP Form Tarleton 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. Tarleton has set a goal of 2% for this solicitation.

In accordance with 34 TAC §20.285, as amended[1], 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.

FAILURE TO SUBMIT A COMPREHENSIVE, ACCEPTABLE VETHUB SUBCONTRACTING PLAN (only if subcontractors will be used by the RESPONDENT for these services) WILL BE CONSIDERED A MATERIAL FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE RFP AND WILL RESULT IN REJECTION OF

THE RESPONSE.

Please contact Tarleton State University’s Director of Procurement Services, at luttrell@tarleton.edu for assistance with completion of requirements as stated.

1.5 Pre-Proposal Conference

There will be NO Pre-Proposal Conference for this solicitation.

https://texas-sos.appianportalsgov.com/rules-and-meetings?interface=VIEW_TEXAS_REGISTER_SUMMARY&recordId=457245 https://outlook.office.com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0AkuoDbkqb%2FEWSMev%2BlL%2FNPAAHa4j5lwAA?nativeVersion=1.2026.421.500#x__ftn1 mailto:luttrell@tarleton.edu

SECTION 2

STATEMENT OF WORK

2.1 Goal

The purpose of this solicitation is to establish a contract with a qualified vendor to provide professional driver and transportation services for the University’s football equipment trailer. Services will include the safe, timely transport of the trailer to and from all scheduled away games, postseason events, and other designated activities.

2.2 Scope of Work

The awarded contractor shall provide all labor, equipment (tractor/semi power unit), and expertise necessary to transport the University’s football trailer, including but not limited to:

• Transporting the football trailer to and from all away games in accordance with the team’s travel schedule

• Coordinating delivery and return timelines to ensure equipment is available for scheduled practices and events

• Supporting transportation needs for NCAA postseason contests, as requested

• Providing transportation services for additional events such as parades, special functions, or other University-related activities on an as-needed basis

Driver Requirements

• The contractor shall provide qualified, licensed drivers in compliance with all applicable Department of Transportation (DOT) regulations

• For long-distance trips, the contractor shall provide a minimum of two (2) drivers to ensure timely delivery, safety, and compliance with hours-of-service requirements

• Drivers must maintain a professional appearance and conduct while representing the University

Equipment and Backup Plan

• The contractor shall provide a reliable tractor/semi power unit capable of safely towing the football trailer

• The contractor must maintain a contingency/backup plan in the event of mechanical failure, including:

o Immediate replacement equipment o Minimal disruption to scheduled delivery timelines

• The contractor shall be responsible for ensuring all equipment is properly maintained and roadworthy

DOT Compliance and Trailer Support

• The contractor shall ensure compliance with all DOT regulations, including inspections and operational requirements

• The contractor shall:

o Transport the trailer for required inspections o Towing the trailer for maintenance and repair services as needed throughout the contract term

Personnel Transport (Optional Requirement)

• The contractor should indicate whether they can accommodate University staff riding in the tractor during transport, if requested

• Any such accommodations must comply with all safety, insurance, and regulatory requirements

Insurance Requirements

All insurance must meet University requirements and name the Texas A&M University as an additional insured where applicable.

Scheduling and Coordination

• The contractor shall coordinate closely with University Athletics staff regarding travel schedules, departure times, and delivery expectations

• Flexibility is required to accommodate schedule changes, including short-notice adjustments

Additional Services

• The contractor may be requested to provide additional transportation-related services on an as-needed basis throughout the contract term

Performance Expectations

• Timely and reliable delivery of the football trailer

• Adherence to all safety, legal, and regulatory requirements

• Clear communication with University representatives

• Ability to respond quickly to unexpected issues or schedule changes

All services under this agreement will be provided on an as-needed basis, and the University makes no guarantee of any minimum volume, usage, or compensation. Engagement of services will occur at the sole discretion of the University based on operational needs

SECTION 3

SELECTION PROCESS

3.1 Selection Process

Tarleton will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a vendor whose principal place of business is in the state of Texas or who will manage the contract wholly from an office in the state of Texas.

The RESPONDENT selected will be the one whose experience and qualifications, as presented in response to this RFP, establish them, in the opinion of Tarleton, as well qualified and offering the greatest benefits, experience and value to Tarleton. Tarleton 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 Tarleton determine in its sole discretion that only one RESPONDENT is fully qualified, or that one vendor is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that RESPONDENT. The award document will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the RESPONDENT’s proposal as negotiated.

Submission of proposals indicates RESPONDENT's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by Tarleton during the evaluation process.

The selection of the successful proposal may be made by Tarleton on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal may be made by University on the basis of negotiation with any of the RESPONDENTS. Tarleton 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, Tarleton 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.

Tarleton reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

Tarleton reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous, and/or to make the award to the most responsive vendor.

RESPONDENT may be requested to provide an on-site presentation. RESPONDENT will be notified in writing for the detailed invite. The date has not been set for presentations but will be communicated if your company is selected to present.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by Tarleton State University in a sealed envelope or box or submitted through the vendor portal prior to the date specified in the Schedule of Events with the bid number clearly marked.

Late proposals will not be considered under any circumstances. Late proposals properly identified will be returned to the Respondent unopened. Telephone and/or facsimile (Fax) proposals are not acceptable under any circumstances.

4.2 Notice of Tarleton Holidays – Offices Closed

Tarleton State University offices will be closed for the agency’s holidays. The current year’s holidays can be found at:

https://www.tarleton.edu/hr/current/holiday_schedule.html

Telephone calls and emails will not be answered, and mail and deliveries will not be received during these holiday periods. Respondents are advised to consider these dates when scheduling telephone calls, emails, and mailing or delivery of proposal responses.

4.3 Submittal Instructions

Proposal responses including Execution of Offer must be signed by the Respondent’s company official authorized to commit such proposals.

Submit one (1) original printed and three (3) copies here. One “Jump Drive” Single File of the complete proposal is preferred but failure to submit will not result in disqualification of the proposal.

NOTE: All “Jump Drive” copies must either be in Microsoft Office Software or Adobe Portable Document Format (PDF). The original signature on ONE (1) hard copy will serve as the official signature of record for all CD copies.

Proposal response package (envelope/box/carton) must clearly indicate the Respondent’s company name and address, and the RFQ number and opening date.

OR

Submit proposal response electronically through the portal with all required information.

Proposal responses including Execution of Offer must be signed by the Respondent’s company official authorized to commit such proposals.

4.4 Special Requirement for Respondents

[Not applicable or already specified in other parts of this RFP.] https://www.tarleton.edu/hr/current/holiday_schedule.html

4.5 Proposal Content and Components

4.5.1 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements and specifications set forth in this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the requirements and specifications set forth in this RFP.

4.5.2 Respondents are requested to submit a proposal that represents their best offer, as Tarleton does not anticipate utilization of the “Best and Final Offer” process.

4.5.3 Proposal text is to be typed single-spaced on one side of each page. All pages are to be on 8 ½ X 11-inch paper with all pages numbered sequentially and correspond with the table of contents.

4.5.4 The following information is to be returned as part of your proposal response. Proposals submitted without this information will be evaluated accordingly

• Signed Execution of Offer

• Felony Conviction Notification

• Non-Collusion Affidavit

• Demonstrated Experience and Qualifications

• Company Information

• References

• Pricing in accordance with the specifications

• Copies of all addenda that may be issued for the RFP signed by same authorized Respondent representative who signs the Execution of Offer, or acknowledgment on the Bid Form.

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

Vendors shall submit a complete proposal addressing the following components:

Company Qualifications & Experience

• Overview of the company, including years in business

• Demonstrated experience providing similar transportation/driver services, preferably for collegiate or professional athletics

• References (minimum of 3) for comparable services

Service Approach & Execution Plan

Vendors must describe how they will:

• Transport the football trailer to and from away games safely and on schedule

• Coordinate with University staff on scheduling, routing, and logistics

• Ensure timely delivery and return to support practice and game schedules

• Provide services for postseason and special events

Driver Staffing Plan

• Vendor shall provide a minimum of two (2) qualified drivers for trips requiring dual-driver operations in accordance with applicable Department of Transportation (DOT) hours-of-service and safety requirements.

• Description of driver qualifications, licensing, and training

• Compliance with all DOT hours-of-service requirements

Equipment & Reliability

• Description of tractor/semi equipment to be used

• Maintenance practices and inspection procedures

• Contingency/backup plan in the event of equipment failure, including response times

DOT Compliance & Trailer Support

• Approach to ensure compliance with all Department of Transportation (DOT) regulations

• Transporting trailer for inspections

• Towing for maintenance/repairs throughout the year

Personnel Accommodation (If Applicable)

• Indicate whether University staff may ride in the tractor

• Outline safety procedures and any limitations

Insurance & Risk Management

• Proof of required insurance coverage, including:

• Description of safety program and incident response procedures

Scheduling & Availability

Vendors must clearly define:

• Minimum advance notice required to schedule services (e.g., standard scheduling vs. expedited requests)

• Availability for:

o Regular season travel o Short-notice changes o Postseason events

• Ability to accommodate schedule adjustments or delays

“The University anticipates providing a season schedule in advance; however, the vendor must be able to accommodate changes and additional requests with reasonable notice.”

Pricing Proposal

• Pricing structure (per trip, per mile, hourly, or flat rate)

• Rates for:

o Standard trips o Extended trips / multi-day travel o Postseason or emergency services o Special Events

• Any additional fees (fuel surcharges, wait time, overtime, etc.)

• Proposers must submit pricing for both standard and enhanced insurance coverage levels. The University anticipates that regular-season road games will involve a standard amount of transported goods, while championship, bowl, playoff, or FBS postseason travel may involve substantially greater quantities of equipment and supplies. Accordingly, proposers must provide separate pricing and coverage limits for each travel category.

4.6 Tarleton State University Contract

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

Ms. Brandi Gilbert

Buyer II, Procurement Services Email: bgilbert@tarleton.edu

Phone: 254-968-1691

Tarleton specifically requests that Respondents restrict all contact and questions regarding this RFP to the above-named individual.

4.7 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum to the contact identified in Item 4.6. Only inquiries which are replied to by formal written addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

Notice: It is the responsibility of Respondents who download this RFP from the Electronic State Business Daily (http://www.txsmartbuy.com/sp) to check the website for any addenda for this RFP. All such addenda issued by Tarleton prior to the time that proposals are received shall be considered part of the RFP. The Respondent shall consider and acknowledge receipt of such addenda by including signed copies of such addenda in their response.

The addendum for listing all questions and answers is scheduled to be available posted on the above referenced website as outlined in the Key Event Schedule.

4.8 Terms and Conditions and Contract

All terms and conditions and other requirements contained in this RFP shall govern any Agreement issued as a result of this RFP. Additional or attached terms and conditions which are determined to be unacceptable to Tarleton shall result in the disqualification of the proposal. By submitting a response to this RFP, you affirm your company’s intention to enter into an agreement under the terms and conditions listed this RFP.

4.9 Protest Procedures

Any vendor wishing to challenge a purchase award issued by the Department of Purchasing must submit a written request to the Director of Procurement & Contract Administration for review. Such a request must be submitted within three (3) business days of the vendor’s receipt of the award notification.

The Director of Procurement & Contract Administration will review the award and provide a written explanation of the decision to the requesting vendor. If the review identifies a significant deviation from applicable rules or procedures, the Director may, at their discretion, modify the award.

Should the vendor disagree with the Director’s decision, they may submit an appeal within three (3) business days to the Director of Procurement & Contract Administration, who will issue a final decision at this level.

If the vendor remains dissatisfied, a further appeal may be submitted to the Vice President of Finance & Administration.

The decision of the Vice President of Finance & Administration shall be final and binding.

http://www.txsmartbuy.com/sp

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

5.1.1 Proposal should be prepared simply and economically, providing a straightforward and concise description of the

Respondent's ability to meet requirements of this RFP. Emphasis should be on completeness, clarity of content, and responsiveness to the RFP's requirements.

5.1.2 The University reserves the right to accept or reject any and all proposals, to waive informalities and technicalities, and to accept the proposal considered the "best value" and most advantageous and award to the most responsive proposal. Additionally, all Respondents are hereby notified that Tarleton shall consider all factors it believes to be relevant in the selection of the most responsive proposal including but not limited to both subjective and objective criteria and the ability of the Respondent to perform the requirements of this RFP.

5.1.3 This RFP is a solicitation for proposals and is not a Contract or an offer to Contract. Tarleton is not obligated to award a Contract and reserves the right, at the Tarleton’s exclusive option to: (1) enter into Agreements or other Contractual arrangements for all or any portion or portions of the requirements and specifications set forth in this RFP with one or more Respondents; (2) reject any and all proposals and re-solicit proposals; (3) reduce/revise the scope of work and choose portions of the work that are within the Tarleton’s budgetary limits or (4) reject any and all proposals and temporarily or permanently abandon the procurement, if deemed to the best interests of Tarleton.

Additionally, the Tarleton reserves the right to make award/s and enter into Agreement/s that stipulate options to purchase all or only specific parts of the items and/or services included in the awarded proposal/s on an “as needed” basis or an “as funded” basis.

By responding to this RFP, the Respondent fully understands and agrees that award/s and resulting Agreement/s for the purchase of any or all portions of the items and/or services included in this RFP is contingent upon availability of sufficient funding.

5.1.4 Proposals are to be valid for a minimum of ninety (90) days from the submittal deadline date to allow time for evaluation, selection and any unforeseen delays.

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

5.1.6 The Respondent hereby assigns to purchaser, 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).

5.1.7 No substitutions or cancellations permitted without written approval of Tarleton.

5.1.8 Upon award, delivery shall be effective as stated unless the Seller obtains approval from Tarleton for late delivery. Delivery shall be made during normal working hours only unless Tarleton approves otherwise.

Delivery may be a factor in award.

5.1.9 Proposals and any other information submitted by the Respondent in response to this RFP shall become the property of the Tarleton.

5.1.10 Respondents electing to reply to this RFP are responsible for all cost incurred by the Respondent for proposal preparation, submittal, presentations (oral or otherwise) that may be made, or any other cost. Tarleton is not liable for any cost incurred by Respondents.

5.1.11 Failure to comply with the requirements contained in this RFP may result in the rejection of the proposal.

Proposals that are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by Tarleton at its option.

5.1.12 Except as otherwise provided in this RFP, no proposal may be changed, amended, or modified after it has been submitted or filed in response to this RFP. However, upon written request by the Respondent, a proposal may be withdrawn or withdrawn and resubmitted at any time prior to the Submittal Deadline. No proposal may be withdrawn after the Submittal Deadline without University’s consent, which shall be based on the Respondent’s written documentation evidencing a reason acceptable to university in its sole discretion.

5.1.13 Products and services awarded as a result of this RFP may be extended to other Institutions of Higher Education as defined by Section 61.003 Education Code, Government Code Section 2155.134. Other individual institutions may or may not elect to use this agreement.

5.2 Alternate Proposal

Tarleton reserves the right to consider alternate proposals submitted by Respondents. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

5.3 Definitions

Whenever the following terms are used in any part of this RFP the intent and meaning shall be interpreted as follows:

RFP shall mean Request for Proposal.

UNIVERSITY shall mean Tarleton State University.

VETHUB shall mean Historically Underutilized Business as certified by the State of Texas HSP shall mean VETHUB Subcontracting Plan

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

RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded a Contract or Agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein Agreement / Contract shall mean the formal Contractual Agreement entered into between Tarleton and the Seller as a result of this RFP by means of purchase order and/or separate written contract.

5.4 Time of Performance

Time is of the essence in the rendering of services hereunder. Seller agrees to perform all obligations and render services set forth per this RFP in accordance with the schedules herein and as mutually agreed upon between Tarleton and Seller during the term of any Agreement resulting from this RFP. Seller will not be responsible for, or subject to default because of, any schedule changes or delays of deliverables that may be caused by the action(s) or non-action(s) of university.

5.5 Default

In the event that the Seller fails to carry out or comply with any of the terms and conditions of the Agreement with the Tarleton, Tarleton may notify the Seller of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Seller fails to remedy such failure or default within the ten (10) day period, Tarleton shall have the right to cancel the Agreement upon ten (10) days written notice.

The cancellation of the Agreement, under any circumstances whatsoever, shall not effect or relieve Seller from any obligation or liability that may have been incurred or will be incurred pursuant to the Agreement and such cancellation by Tarleton shall not limit any other right or remedy available to Tarleton at law or in equity.

5.6 Termination

5.6.1 For Convenience:

The Agreement may be terminated, without penalty, by Tarleton without cause by giving ninety (90) days written notice of such termination to the Seller.

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

5.6.3 The insurance policy shall provide for termination by the carrier only upon presentation of a written notice to

Tarleton thirty (30) days prior to termination date.

5.6.4 In no event shall such termination by Tarleton as provided under this Section give rise to any liability on the part of Tarleton including, but not limited to, claims of Seller for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. Tarleton’s sole obligation hereunder is to pay Seller for goods and services received and approved by Tarleton to the date of termination.

5.7 Warranties

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

5.7.1 All goods and services covered by the Agreement shall conform to the specifications, drawings, samples or other descriptions set forth in the Agreement or otherwise furnished or adopted by Tarleton, and shall be merchantable fit for the purpose intended, of best quality and workmanship, and free from all defects. Tarleton shall have the right of inspection and approval, and may, at Seller's expense, reject and return nonconforming goods or require re-performance of services that are not in compliance with the requirements of the Agreement. Defects shall not be deemed waived by Tarleton. Failure to notify Seller upon receipt of goods or completion of services, or by payment of invoice.

5.7.2 All goods and services provided under the Agreement shall meet or exceed the Safety Standards established and promulgated under the Federal Occupational Safety and Health Administration (Public Law 91-596) and its regulations in effect or proposed as of the date of the Agreement.

5.7.3 All goods and services delivered pursuant to the Agreement shall conform to standards established for such goods or services in accordance with any applicable federal, state or local laws and regulations, unless otherwise indicated in the Agreement.

5.7.4 TECHNOLOGY ACCESS CLAUSE - The Vendor expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, the Vendor represents and warrants to Tarleton that the technology provided to Tarleton for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:

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

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

3. being integrated into networks for obtaining, receiving, and disseminating information used by individuals who are not blind or visually impaired.

For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology or by means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws.

Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance."

5.8 Agreement Amendments

Any Agreement resulting from this RFP may be modified or amended as negotiated and /or mutually agreed upon by Tarleton and Seller. No modification or amendment to any Agreement resulting from this RFP shall become valid unless agreed in writing and signed by both the Tarleton and the Seller. All correspondence regarding modifications or amendments to the Agreement must be forwarded to the Procurement & Contracts Department for prior review and approval. Only Tarleton’s Vice President for Business and Administration or his/her designee will be authorized to sign changes or amendments to any Agreement resulting from this RFP.

5.9 Independent Vendor Status

Seller agrees that Seller and Seller's employees and agents have no employer-employee relationship with Tarleton.

Tarleton shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will Tarleton furnish any medical or retirement benefits or any paid vacation or sick leave.

5.10 Right to Audit

Seller understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Seller further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Seller will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Seller and the requirement to cooperate is included in any subcontract it awards.

5.11 Title, Risk of Loss and Freight

The title and risk of loss of any goods shall not pass to Tarleton until the goods are actually received, taken possession of, and accepted by the Tarleton at point of delivery. All goods furnished hereunder shall be delivered F.O.B. destination, freight prepaid and allowed. Seller shall be responsible for any and all freight claims.

5.12 Acceptance of Goods and Services

All goods furnished and all services performed under the Agreement shall be to the satisfaction of Tarleton and in accordance with the specifications, requirements, terms and conditions of this RFP and the Agreement. University reserves the right to inspect the goods furnished or services performed, and to determine the quality, acceptability, and fitness, of such goods or services.

All goods and equipment furnished must be new and unused at the time of delivery. All equipment must be provided with standard manufacturer’s warranty. Instruction, service and parts manuals are to be furnished at no charge. All manuals must be in English.

5.13 Ownership of Deliverables

Upon acceptance by Tarleton of any and all deliverables, such deliverables shall become the property of and full ownership conveyed to the University. Such deliverables shall include, but not be limited to, maps, charts, publications, reports and other documents, datasets, software (including licenses and permits), and any other items created by the work performed by the Seller. All copyrights, printing/reprinting and publishing/republishing rights for any publications shall be in the name of, or conveyed to Tarleton State University, a member of the A&M System.

5.14 Sales and Use Tax

Tarleton, as an agency of the State of Texas, is exempt from state and local sales and use taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Seller may claim exemption from payment of applicable state taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. Do not include taxes in prices quoted for a proposal in response to this RFP.

5.15 Invoicing

Seller shall submit one copy of an itemized invoice to the designated invoice address showing the purchase order number. In case of a problem on a disputed invoice or charge, Seller will provide necessary information (i.e. duplicate invoice, shipping information and proof of delivery) at no extra charge to Tarleton within five (5) business days of request.

All credit memos will reflect the purchase order number and the original invoice number in which the charge was initiated.

5.16 Payment

Payment will be made by Tarleton on a monthly basis for completed services that have been approved and within thirty

(30) days of receipt of a correct and uncontested invoice from Seller.

Payment will be made in accordance with the Texas Prompt Payment Act, TGC, Subtitle F, Chapter 2251.

5.17 Reporting

Seller will provide reports as required to the Tarleton VETHUB Coordinator or his/her designee detailing the subcontracting activity, status, and updates of performance of services required in this RFP.

Seller will provide the Contract Administrator or his/her designee detailed progress and /or performance reports on a weekly or bi-weekly basis as determined by the Tarleton.

Seller will be expected to have monthly conferences with Tarleton State’s institutional Sales Team and Technical Team.

Seller will be expected to coordinate quarterly status update meetings with University leadership.

Seller will provide other reports as may be sporadically required or requested.

5.18 Observance of University Rules and Regulations

Seller agrees that at all times its employees will observe and comply with all regulations of Tarleton, including but not limited to parking and security regulations.

5.19 Recall Notice

Seller shall, immediately upon discovery of same, advise Tarleton of any and all required replacement/modifications to equipment or component parts thereof or withdrawal of product by reason of safety hazard or recall regardless of the nature of same. Any verbal notification must be confirmed in writing within twenty-four (24) hours of such verbal notification. All such formal notices will be submitted to Tarleton State University Procurement Services Department.

5.20 Non-Disclosure

Seller and Tarleton acknowledge that they or their employees may, in the performance of any Agreement resulting from this RFP, come into the possession of proprietary or confidential information owned by or in the possession of the other party. Neither party shall use any such information for its own benefit or make such information available to any person, firm corporation, or other organizations, whether or not directly or indirectly affiliated with the Seller or University unless required by law.

5.21 Publicity

No public disclosures or news releases pertaining to this RFP or any details thereof shall be made public without prior written approval of Tarleton. Seller agrees that it shall not publicize any Agreement or disclose, confirm, or deny any details thereof to third parties or use any photographs or video recordings of University’s name in connection with any sales promotion or publicity event without the prior written approval of Tarleton.

5.22 Severability

If one or more provisions of the resultant Agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the Agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect.

5.23 Non-Waiver of Defaults

Any failure of Tarleton at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this RFP and any resulting Agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of Tarleton at any time to avail itself of same.

5.24 License and Permits

Seller will obtain and maintain at its own expense, and in its name, all necessary licenses and permits required to perform the services required herein.

5.25 Non-discrimination

The Seller and its agents and employees are prohibited from engaging in or allowing any impermissible discrimination on the basis of race, religion, color, national origin, age, sex, disability, genetic information or veteran status in relation to (1) the Seller’s employment practices; (2) the performance of the Seller’s obligations under the Agreement. In performing its obligations under the Agreement, Seller shall be subject to and shall comply with all currently effective or subsequently promulgated polices regarding non-discrimination issued by either the Tarleton or the Texas A&M University System.

5.26 Compliance with Law

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

5.27 Federal Laws and Regulations

By submitting a signed proposal in response to this RFP, the Respondent certifies that it is fully informed about, and in full compliance with its obligations under existing applicable laws and regulations, including, but not limited to:

Title V1 of the Civil Rights Act of 1964, as amended (42 USC 2000(D));

Civil Rights Act of 1991;

Executive Order 11246, as amended (41 CFR 60-1 and 60-2);

Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250);

Rehabilitation Act of 1973, as amended (41 CFR 60-741);

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

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

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

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

Bryd Anti-Lobbying Amendment (31 USC 1352);

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

Federal Water Pollution Control Act (33 USC 1251 et seq.);

Omnibus Reconciliation Provision, Section 952;

Fair Labor Standards Act of 1938, Sections 6 ,7, and 12, as amended;

Americans with Disabilities Act of 1990 (42 USC 12101 et seq.);

Immigration Reform and Control Act of 1986;

Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96-507);

Federal Occupational Safety and Health Law (PL 91-596) including its regulations in effect or proposed as of the date of the Agreement;

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.” and All other laws and regulations and executive orders as are applicable.

5.28 Alcohol and Drug-Free Workplace

Tarleton is committed to maintaining an alcohol and drug-free…