ESBD_538121_1784057641211_RFP 27-0003 WT Feedlot Water Storage Tank.pdf

WEST TEXAS A&M UNIVERSITY

PROCUREMENT SERVICES

RFP-WT27-0003

WT Feedlot Water Storage Tank

PROPOSALS MUST BE RECEIVED BEFORE:

3:00 PM Central Time, August 12, 2026

MAIL PROPOSAL TO:

West Texas A&M University Procurement

Department

Attn: Bryon McCafferty, Director of Purchasing and Contracts

WT Box 61001 Canyon, TX 79016

HAND DELIVER AND/OR EXPRESS

MAIL TO:

West Texas A&M University

Procurement Department

Attn: Bryon McCafferty, Director of

Purchasing and Contracts

2403 Russell Long Blvd. Suite 106, Canyon

TX 79016

Proposal must be received in the West Texas A&M 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.

All proposals shall become the property of West Texas A&M University and the state of Texas upon receipt. Proposals may be subject to public review after contracts have been executed.

REQUEST FOR PROPOSAL

Show RFP Number, Opening Date and Time on Return

Envelope

Contents

SECTION 1

GENERAL

1.1 Scope

1.2 History

1.3 Mission

1.4 Performance Period

1.5 Disclosure of Interested Parties

1.6 Pre-proposal Conference

SECTION 2

STATEMENT OF WORK

2.1 Scope

2.2 Objectives

2.3 Deliverables

2.4 Timeline

2.5 Performance and Monitoring

2.6 Budget and Award Information

2.7 Alignment with Legislative and Funding Priorities

2.8 Required Minimum Qualifications

SECTION 3

SELECTION PROCESS

3.1 Selection Process

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

4.2 Notice of WTAMU Holidays – Offices Closed

4.3 Submittal Instructions

4.4 Special Requirement for Respondents

4.5 Proposal Content and Components

4.6 West Texas A&M University Contact

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 Definitions

5.3 Accessibility

5.4 Acceptance of Goods and Services

5.5 Ownership of Deliverables

5.6 Invoicing

5.7 Payment

5.8 Reporting

5.9 Observance of University Rules and Regulations

5.10 Non-Disclosure

5.11 Publicity

5.12 License and permits

5.13 Compliance with Law

5.14 Alcohol and Drug-Free Workplace

5.15 Force Majeure

SECTION 6

CONTRACTUAL REQUIREMENTS

6.1 Insurance

6.2 Public Information

6.3 Indemnification

6.4 Performance/Payment Bonds

6.5 Other Benefits

6.6 Dispute Resolution

6.7 Contract Administration

SECTION 7

KEY EVENTS SCHEDULE

EVALUATION CRITERIA

ATTACHMENT A

EXECUTION OF OFFER

ATTACHMENT B

NON-COLLUSION AFFIDAVIT

ATTACHMENT C

FELONY CONVICTION NOTICE

ATTACHMENT D

INSURANCE REQUIREMENTS

ATTACHMENT E

DATA PROTECTION QUESTIONNAIRE

ATTACHMENT F

REFERENCES

ATTACHMENT G

CONFLICT OF INTEREST QUESTIONNAIRE

ATTACHMENT H

CERTIFICATION SHEET OF RESIDENT OR NON-RESIDENT BIDDER

ATTACHMENT I

CERTIFICATION REGARDING LOBBYING

ATTACHMENT J

AGREEMENT REGARDING CRIMINAL BACKGROUND SEARCH

ATTACHMENT K

BLANK W9 FORM

ATTACHMENT L

CERTIFICATE OF INTERESTED PARTIES

ATTACHMENT M

EXAMPLE OF VENDOR CONTRACT ADDENDUM

SECTION 1

GENERAL

1.1 Scope Purpose

The purpose of this scope of work is to provide and install a water storage tank of a minimum of

250,000 gallons on site of the Beef Cattle Feedlot, located at 2950 E Nance Rd, Canyon, TX

79015. WTAMU is an institution of higher education located in Canyon, TX. It is the intention of

WTAMU to contract with a single company to provide these services for the WTAMU campus.

Vendor must have demonstrated competence in providing these services and must have the qualifications necessary to perform the services outlined in this Request for Proposal (RFP).

1.2 History

The passage of a bill in early 1909 by the Thirty-first Texas Legislature authorizing the establishment of a State normal school for the education of teachers located somewhere "west of the ninety-eighth meridian" set off a spirited bidding war as some 25 west Texas cities and towns competed to secure the educational institution. On Sept. 9, 1909, the location committee, consisting of the speaker of the Texas

House of Representatives, the lieutenant governor and the superintendent of public instruction, announced its decision. The location for the school, already named West Texas State Normal College, would be Canyon, a young community of 1,400 located near the center of the rapidly developing Texas

Panhandle. Many factors were involved in the location decision, but a pledge of 40 acres of land and

$100,100 in cash made Canyon's bid particularly attractive. Although not mentioned in the official report, the city's lack of saloons also strengthened its case. More information can be found at www.wtamu.edu.

1.3 Mission:

The mission of West Texas A&M University is to provide intellectually challenging, critically reflective, regionally-responsive, and inclusive academic programs that discover, interpret, apply, and disseminate knowledge for preparing the next generation of global citizens.

Vision Statement: Guided by its pioneering spirit, West Texas A&M University is recognized for its excellence in teaching and learning, and a strong focus on engaging students in experiences that aid in the development of skills, capabilities, and insights. Our vision is to become a Regional Research

University responsive to the forces that shape who we are. Our distinctive focus on the people and places of the Panhandle region will be acknowledged throughout Texas, across the country, and around the world.

http://www.wtamu.edu/

Core Values: The core values of West Texas A&M University are reflective of, inspired by, responsive to the people we serve, regardless of background, family history, personal beliefs, or aspirations. The people of the plains, in towns and communities, on ranches and farms spend every day living out their commitment to family, faith, hard work, and service to neighbors—locally, regionally, and globally.

From these same Panhandle values, grow WT’s core values:

Academic Freedom – We champion the free exchange of ideas.

Service – We put the needs of others first.

Pragmatism – We seek to apply what we learn for the betterment of our community.

Innovation – We embrace better ways to shape the future.

Respect – We treat others with dignity which flows from the humanity of each individual.

Engagement – We promote citizenship and being part of something larger than oneself.

1.4 Disclosure of Interested Parties

Texas Ethics Commission-Sec. 2252.908. WTAMU will require that the awarded vendor provide a copy of the electronically created Form 1295 to a governmental agency or state agency. WTAMU, will formally acknowledge receipt of the Form 1295 through its account on the Texas Ethics Commission website, not later than the 30th day after the date the Form 1295 is received by the university. Videos and instructions for creating online accounts can be found on the Texas Ethics Commission website, at - https://www.ethics.state.tx.us/statutes/Gov-Code-

2252.908.php

This section applies only to a contract of a governmental entity or state agency that:

(1) requires an action or vote by the governing body of the entity or agency before the contract may be signed; or

(2) has a value of at least $1 million.

(3) is for services that would require a person to register as a lobbyist under Chapter 305.

https://www.ethics.state.tx.us/statutes/Gov-Code-2252.908.php https://www.ethics.state.tx.us/statutes/Gov-Code-2252.908.php https://www.ethics.state.tx.us/statutes/Gov-Code-2252.908.php https://www.ethics.state.tx.us/statutes/ch305.php

1.5 Pre-Proposal Conference

An on site, in-person Pre-Proposal Conference will be held on July 22, 1:00 p.m. to 2:00 p.m. at 2950 E

Nance Rd, Canyon, TX 79015.

Attendance is mandatory for all who wish to respond

The purpose of the conference is to review the requirements of this RFP and allow respondents to ask questions. Verbal responses provided during the conference are for informational purposes only. Only written responses issued through formal addenda to this RFP shall be considered official and binding.

Respondents are encouraged to submit questions in accordance with the schedule outlined in this RFP.

SECTION 2

STATEMENT OF WORK

2.1 Scope and Objectives

As stated above, purpose of this scope of work is to provide and install a water storage tank of a minimum of 250,000 gallons on site of the Beef Cattle Feedlot, located at 2950 E Nance Rd, Canyon, TX 79015

2.2 Deliverables and Equipment

Site Preparation:

Set up and staging of materials

Pad prep and dirt work

Form and pour concrete ring foundation (if necessary)

Sand fill inside foundation ring

Tank Installation:

Build and assemble tank

Set liner inside tank (if needed)

Install inlet and outlet flanges

Start-up and Testing:

Ensure proper install of equipment

Test functionality of on/off valves

Ensure proper sealing of tank/liner

Safety and Compliance:

Ensure compliance with all local building codes and safety regulations

Implement industry-standard safety measures during construction and testing

2.3 Timeline

KEY EVENTS SCHEDULE

Listed below are the important events and dates by which they must occur. WTAMU reserves the right to change any of these dates/times if determined necessary. Any change in dates/times of events that are to occur prior to and including deadline for Respondents to submit responses to proposal will be issued by written addenda.

The bid opening will take place immediately following the Proposal Submission Deadline at the

WTAMU Purchasing Office located at 2403 Russell Long Blvd. Suite 106, Canyon TX 79016.

• Pre-Proposal Meeting: 7/22/26

• Questions Due to WTAMU: 7/27/26

• Questions answered and posted to ESBD: 8/05/26

• Proposal Submission Deadline and Bid Opening: 8/12/26 3:00 p.m.

• Evaluation Period: 8/12/26 – 8/17/26

• Expected Award Date: 8/18/26

2.4 Performance and Monitoring

Vendor Responsibilities

• Process WTAMU Purchase Order and confirm order acceptance, payment terms, final delivery schedule, and any required purchasing documentation.

• Furnish the equipment and services identified in Section 2.2 in accordance with the quoted item descriptions and quantities.

• Provide shipment information, packing lists, manuals, warranty documents, and other documentation required for receiving, inventory, and operation.

• Notify West Texas A&M University of any production, shipping, or delivery schedule changes that may affect implementation.

• Provide technical support during initial receipt, setup, and functional verification as needed and as available under standard vendor support terms.

West Texas A&M University Department Responsibilities

• Provide purchase order information, tax exemption documentation, FEIN information if required for customs clearance, accounts payable contact information, acceptance-of-order contact information, and central receiving contact information.

• Coordinate with central receiving to ensure delivery access, including a receiving location capable of accepting the shipment consistent with vendor delivery requirements.

• Inspect crates, boxes, and equipment immediately upon delivery and document any visible shipping damage or missing components.

• Assign faculty or staff to coordinate receiving.

Performance monitoring for this contract will ensure accountability, quality of work, and timely completion of deliverables in accordance with West Texas A&M University standards.

A. Reporting, Monitoring, and Documentation Requirements

The vendor and department shall maintain documentation sufficient to support procurement, receiving, inspection, implementation, and future use of the equipment. Required or expected documentation includes:

• Purchase order and vendor order acknowledgment.

• Final invoice and payment documentation.

• Shipping notice, packing list, and delivery documentation.

• Product manuals, operating instructions, safety information, and warranty documentation.

• Department receiving and inspection notes, including documentation of any damaged or missing items.

2.5 Award Information

▪ Award Type: Single award anticipated

▪ WEST TEXAS A&M UNIVERSITY reserves the right to reject any or all proposals and negotiate scope or cost as necessary.

2.6 Evaluation Criteria

Feasibility of timeline and milestones. (40%)

Total cost to completion of Scope of Work. (30%)

Vendor Experience (15%)

Vendors past relationship with the University (10%)

Support and Maintenance (5%)

SECTION 3

SELECTION PROCESS

3.1 Selection Process

The evaluation of the proposals shall be based on the information provided that the WTAMU deems to represent the best value to the WTAMU. The RFP provides the information necessary to prepare and submit proposals for consideration by the WTAMU. All properly submitted proposals will be reviewed, evaluated, and ranked by the WTAMU. The WTAMU will rank the RESPONDENTS in the order that they provide the overall “best value” to the WTAMU based on an evaluation of the responses to the RFP.

The WTAMU will base its choice on criteria to include but not limited to the following: demonstrated competence, knowledge, and qualifications of the Respondent in respect to the Solution offered; as well as the capability of the Solution offered to include, but not be limited to, factors such as functionality and ease of use of the Solution; and on the reasonableness of the proposed fee for the

Solution and related services.

The Respondent selected will be the one with the experience and qualifications, as presented in response to this RFP, establish them, in the opinion of WTAMU, as well qualified and offering the greatest benefits, experience and value to WTAMU. WTAMU may cancel this RFQ 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 WTAMU 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.

The most qualified Respondents as determined by WTAMU MAY BE REQUIRED to present the

Solution proposed to the evaluation committee before the final selection. Presentations/demonstrations may be presented on-site at a WTAMU location or virtually using webinar software. WTAMU will not provide compensation to Respondents for any expenses incurred by the Respondents for proposal preparation, evaluations or demonstrations that may be made.

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

The selection of the successful proposal may be made by WTAMU 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 WTAMU on the basis of negotiation with any of the

Respondents. WTAMU 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, WTAMU 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.

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

Respondents whose proposals WTAMU, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes

WTAMU 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 WTAMU and Respondent shall and hereby does release and hold harmless WTAMU, the state of Texas, and such 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.

WTAMU 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.

SECTION 4

GENERAL INFORMATION

4.1 Submittal Deadline and Location

All proposals must be received by WTAMU in a sealed envelope or box prior to the date specified in the Schedule of Events with the bid number clearly marked on the outside.

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 WTAMU Holidays – Offices Closed

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

Human Resources/Payroll | WTAMU

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 copy and 3 additional copies.

Proposal response outermost delivery package (envelope/box/carton) must clearly indicate the

Respondent’s company name and address, and the RFP number and opening date. Packages that are not properly labeled will be sent back to sender unopened.

4.4 Proposal Content and Components

4.4.1 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.

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

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

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

Proposals submitted without this information will be evaluated accordingly https://www.wtamu.edu/business-finance/human-resources/holidays.html https://www.wtamu.edu/administration/human-resources-holidays.aspx

• Signed Execution of Offer (ATTACHMENT A)

• Proposal response

• Felony Conviction Notification (ATTACHMENT C)

• Non-Collusion Affidavit (ATTACHMENT B)

• Data Protection Questionnaire (ATTACHMENT F)

• Insurance Requirements (ATTACHMENT D)

• References (ATTACHMENT F)

• Conflict of Interest Questionnaire (if appliable) (ATTACHMENT G)

• Certification of Resident or Non-Resident Bidder (ATTACHMENT H)

• Certification Regarding Lobbying (ATTACHMENT I)

• Agreement Regarding Criminal Background Search (ATTACHMENT J)

• Certificate of Interested Parties (ATTACHMENT L)

• Demonstrated Experience and Qualifications

• Company Information

• 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.

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

• A table of contents by section to the appropriate pages

• An executive overview that provides a concise overview of the services being offered to meet the requirements of this RFP, the Respondent’s general approach to providing the services and deliverables, and documentation as to why the Respondent is the best qualified.

• A proposal narrative that is concise yet offers a complete explanation of the project. Be specific in justifying the proposal in terms of the goals and objectives described in the

RFP.

• A statement of qualifications which includes:

a) Introduction – Content shall be at the discretion of the Respondent.

b) Company background – Must provide relevant experience (years in business) with projects of this size and scope.

c) Qualifications – Information provided for professional and support staff, and/or any Subcontractors must demonstrate experience and qualifications in their particular work assignment for the project. Information provided for similar projects must be substantiated with current references. Describe services you organization has provided in the past three (3) years that demonstrates your organization’s capability to carry out the proposed services.

d) Project management methodology – Describe project organization and management methods that are most appropriate to perform the services and provide deliverables as required in this RFP. The description shall include procedures, cost and time schedules, and any other management considerations appropriate to this RFP. Contract and project managers and key personnel shall be identified. Any subcontractors shall be identified and the intended scope of their work detailed. Office locations for key personnel and any subcontractors shall be identified. The management methods shall address cost or price monitoring and control. The Respondent’s management and project tracking capabilities shall be described.

e) In its response to this RFP, RESPONDENT must submit a Financial Proposal that clearly identifies all costs, fees and/or charges to WTAMU over the term of the agreement. No particular form of Financial Proposal is required, but it must be clear and plainly identify all costs, fees and/or charges.

Respondent shall provide a list of at least 3 references where they have provided management and operational services of this type and scope. References shall include, name of company, address, point of contact, and phone number. A negative reference may be cause for disqualification of proposal. On site visit of reference may be requested.

4.5 West Texas A&M University Contact

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

Bryon McCafferty

Director of Purchasing and Contracts

Email: bmccafferty@wtamu.edu

Phone: 806-651-2111

WTAMU specifically requests that Respondents restrict all contact and questions regarding this

RFP to the above-named individual.

4.6 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFQ 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 WTAMU 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.

4.7 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 WTAMU 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 in the contract example. No other form of contract will be utilized as a result of this RFP.

4.8 Protest Procedures

Any vendor wishing to challenge a purchase award made by the Department of Purchasing must make a written request to the Director of Purchasing & Contracts to review the transaction. The request for review must be made within three working days of the notification of award.

The Director of Purchasing& Contracts will review the award and provide a written explanation of the decision to the vendor making the request. In the event that the Director of Purchasing &

Contracts review discovers any significant deviation from the rules, the award may be changed their discretion. The vendor may appeal the decision, within three working days, to the Director of

Purchasing & Contracts who will render a decision.

If the vendor does not agree with the decision of the Director of Purchasing & Contracts, the vendor may appeal to the Vice President of Business & Finance, whose decision will be final.

mailto:bmccafferty@wtamu.edu http://www.txsmartbuy.com/sp

SECTION 5

GENERAL TERMS AND CONDITIONS

5.1 General

TERMS AND CONDITIONS: WTAMU reserves the right to accept, reject, modify, and/or negotiate any and all submittals received in conjunction with this RFQ. 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 WTAMU determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. WTAMU reserves the right to award to the firm, or firms, which in our sole judgment, will best serve our long-term interest.

This RFP in no manner obligates WTAMU 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

WTAMU 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 WTAMU

Office of General Counsel are essential prior to the award of any resultant agreement. In the event the

Respondent does not supply terms and conditions with their submittal, WTAMU terms and conditions will govern this transaction.

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

B. 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, Respondents certify that they will conform to the provisions of the federal Civil Rights

Act of 1964, as amended.

C. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting a state of qualification, the Respondents certify that they do 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.

D. DEBARMENT STATUS: By submitting a proposal, Respondents certify that they are not currently debarred from submitting submittals on contracts nor are they an agent of any person or entity that is currently debarred from submitting bids on contracts.

E. INDEMNIFICATION AND HOLD HARMLESS: The Respondent shall defend, indemnify and hold harmless WTAMU, its officers, employees and agents, against any and all liability of whatever nature which may arise directly or indirectly by reason of the Respondent’s performance under any resultant agreement. The Respondent agrees to protect the State from claims involving infringement of patents or copyrights.

F. RESPONDENT LIABILITY: The Respondent will be liable for any associated costs of repairs for damage to buildings or other WTAMU property caused by the negligence of the Respondent’s employees.

G. EARLY TERMINATION: WTAMU shall have the right to terminate any resultant agreement with the Respondent without penalty after a (30) day written notice of termination to the Respondent under the following circumstances:

1. Default of Respondent

It shall be considered a default whenever the Respondent shall:

(a) Disregard or violate material provisions of any resultant agreement documents or WTAMU instructions, or fail to execute the work according to the agreed upon schedule of completion and/or time of completion specified, including extensions thereof, or fail to reach agreed upon performance results.

(b) Declare bankruptcy, become insolvent, or assign company assets for the benefit of creditors.

2. Convenience of WTAMU

Termination of any resultant agreement if construed by WTAMU to be in its best interest for serving the community and its students, faculty, and staff.

Note: Any contract cancellation notice shall not relieve the Respondent of the obligation to deliver and/or perform prior to the effective date of cancellation.

H. RESPONDENT PAYMENT/BILLING TERMS: Payment of invoices will be made thirty (30) days after receipt of a correct invoice and approval by the applicable department within WTAMU.

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

J. NON-COLLUSION CLAUSE: The Non-Collusion Affidavit must be executed as a part of the

Respondent’s submittal.

K. ENTIRE AGREEMENT: Any resultant agreement, when fully executed, shall supersede any and all prior and existing agreements, either oral or in writing, and will contain all the covenants and agreements between the parties with respect to the subject matter of any resultant agreement. Any amendment or modification to any resultant agreement must be in writing and signed by the parties hereto.

L. SEVERABILITY: It is understood and agreed that if any part, term, or provision of any resultant agreement is by the courts held to be illegal or in conflict with any law of the State of Texas, the validity of the remaining portions or provisions shall be construed and enforced as if any resultant agreement did not contain the particular part, term, or provision held to be invalid.

M. MODIFICATION OF SERVICE: WTAMU reserves the right to modify the services during the course of any resultant agreement. Any changes in pricing and rates proposed by the Respondent resulting from such changes are subject to acceptance by WTAMU.

In the event prices and rates cannot be negotiated to the satisfaction of both parties, resultant agreement may be subject to competitive bidding based upon the new specifications.

N. PUBLICITY: Respondents must refrain from giving any reference to this project, whether in the form of press releases, brochures, photographic coverage, or verbal announcements, without specific written approval from WTAMU.

Information provided to Respondent by WTAMU, including but not limited to information from the members, officers, agents, or employees of The Texas A&M University System or any of its members, and information provided to Respondent by members of the public or any other third party shall belong to WTAMU.

O. INDEPENDENT CONTRACTOR: The successful Respondent agrees that in all respects its relationship with WTAMU will be that of an independent contractor, and that it will not act or represent that it is acting as an agent of WTAMU or incur any obligation on the part of WTAMU without written authority of WTAMU. As an independent contractor, Respondent will be solely responsible for determining the means and methods for performing the services described.

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

P. CONFIDENTIALITY: In accordance with the Texas Public Information Act, Submittals could be subject to public review after any resultant agreements have been executed. Respondents responding to this submittal are cautioned not to include any proprietary information as part of their submittal unless such proprietary information is carefully identified as such in writing.

Information created, derived, or otherwise produced by Respondent shall remain the exclusive property of Respondent. Respondent acknowledges any final report or papers will be provided in accordance with this Agreement, and that any information contained in any report or papers, which

Respondent believes is confidential under Texas law will be clearly designated as such by

Respondent. In the event WTAMU receives a request for public information for any portion of any final report or papers that have been designated by Respondent to be confidential, WTAMU will provide notice to Respondent and Respondent may submit a brief to the Office of the Attorney

General, as provided by Chapter 552, Texas Government Code.

Q. PUBLIC INFORMATION ACT:

(a) R. Respondent acknowledges that WTAMU is obligated to strictly comply with the Public

Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this RFQ, as well as any other disclosure of information required by applicable Texas law.

(b) Upon WTAMU’s written request, Respondent will promptly provide specified contracting information exchanged or created under this Agreement for or on behalf of WTAMU.

(c) Respondent acknowledges that WTAMU may be required to post a copy of the fully executed

Agreement as a result of this RFQ on its Internet website in compliance with Section

2261.253(a)(1), Texas Government Code.

(d) The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to any resultant agreement and the Respondent agrees that the resultant agreement can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

R. OWNERSHIP OF DOCUMENTS: Upon completion or termination of any resultant agreement, all documents prepared by the Respondent for the benefit of WTAMU shall become the property of WTAMU. At WTAMU’ option, such documents will be delivered to WTAMU Procurement

Office. WTAMU acknowledges that the documents are prepared only for the contracted services specified. Prior to completion of the contracted services, WTAMU shall have a recognized proprietary interest in the work product of the Respondent.

S. SUBCONTRACTING: No subcontract or third-party personnel will be permitted to perform services described herein, without the written consent of WTAMU. Upon written request, the

Respondent shall provide copies of all applicable licenses and other written approvals, which may be held by its subcontractors in order to perform the services described herein.

The Respondent shall be fully responsible for all work performed under any resultant agreement from this RFP. The Respondent shall describe who will be, if any, subcontractor(s) for the resultant agreement. No subcontract, which the Respondent entered into with respect to performance under any resultant agreement, shall in any way relieve the Respondent of any responsibility for the performance of its duties under the terms of the resultant agreement. The

Respondent shall notify the agency in writing of any changes in subcontracting.

T. DISPUTE RESOLUTION: The resolution process provided in Chapter 2260, Texas Government

Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by WTAMU and Respondent to attempt to resolve any claim for breach of contract made by Respondent that cannot be resolved in the ordinary course of business. Respondent shall submit written notice of a claim of breach of contract under this Chapter to the Vice President for Business

& Finance, who shall examine Respondent’s claim and any counterclaim and negotiate with

Respondent in an effort to resolve the claim.

U. VENUE: Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against

WTAMU shall be in the county in which the primary office of the chief executive officer of

WTAMU is located.

V. STATE AUDITOR’S OFFICE: Respondent understands that acceptance of funds under this

Agreement constitutes acceptance of the authority of the Texas State Auditor's Office, or any successor agency (collectively, “Auditor”), to conduct an audit or investigation in connection with those funds pursuant to Section 51.9335(c), Texas Education Code. Respondent agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested. Respondent will include this provision in all contracts with permitted subcontractors.

W. Respondent shall neither assign its rights nor delegate its duties under this Agreement without the prior written consent of WTAMU.

X. Respondent hereby assigns to purchaser, any and all claims for overcharges associated with any contract resulting from this RFQ which arise under the antitrust laws of the United States 15

U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

Y. ALTERNATE PROPOSALS: WTAMU 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.

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

All goods and services covered by any agreement shall conform to the specifications or other descriptions set forth in the agreement or otherwise furnished or adopted by WTAMU, and shall be merchantable fit for the purpose intended, of best quality and workmanship, and free from all defects. WTAMU shall have the right of inspection and approval, and may, at Respondent’s expense, reject and return nonconforming goods or require re-performance of services which are not in compliance with the requirements of the agreement. Defects shall not be deemed waived by

WTAMU’s failure to notify Respondent upon receipt of goods or completion of services, or by payment of invoice.

All goods and/or services provided under any resultant 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 effect or proposed as of the date of the agreement.

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

AA. ACCEPTANCE OF SERVICES: All services performed under any resultant agreement shall be to the satisfaction of each agency and in accordance with the specifications, terms, and conditions of the agreement. WTAMU reserves the right to review the services performed and to determine the quality and acceptability of such services.

BB. SALES AND USE TAX: WTAMU, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Respondent may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public

Accounts.

CC.NON-WAIVER OF DEFAULTS: Any failure of the Agencies at any time, to enforce or require the strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of the Agencies at any time to avail itself of same.

DD. TECHNOLOGY ACCESS CLAUSE: The Respondent 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 Respondent represents and warrants to The Texas A&M University

System that the technology provided to The Texas A&M University System 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 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, retrieving and disseminating information used by individuals who are not blind or visually impaired for purposes of the paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology either directly by features incorporated within the technology or by

WTAMU Office Procurement Programs has recently established.

EE. CONFLICT OF INTEREST: By executing any resultant agreement, Respondent and each person signing on behalf of Respondent certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The WTAMU or The A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The A&M System, has direct or indirect financial interest in the award of the resultant agreement, or in the services to which the resultant agreement relates, or in any of the profits, real or potential, thereof.

FF. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL: To the extent that Texas Government Code, Chapter 2270 applies to any resultant agreement, Respondent certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of any resultant agreement. Respondent acknowledges any resultant agreement may be terminated and payment withheld if this certification is inaccurate.

GG. CERTIFICATION REGARDING BUSINESS WITH CERTAIN COUNTRIES AND

ORGANIZATIONS: Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Respondent certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Respondent acknowledges any resultant agreement may be terminated if this certification is or becomes inaccurate.

HH. PROHIBITION ON CONTRACTS RELATED TO PERSONS INVOLVED IN

HUMAN TRAFFICKING:

Under Section 2155.0061, Government Code, the vendor certifies that the individual or business entity named in any resultant agreement is not ineligible to receive the specified contract and acknowledges that the resultant agreement may be terminated and payment withheld if this certification is inaccurate.

II. RESPONDENT CERTIFIES:

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.”

JJ. Certification Regarding Contracting with Abortion Providers

Proposer certifies that the proposer does not contract with any abortion provider or an affiliate of an abortion provider whereby the provider or affiliate receives something of value derived from state or local tax revenue pursuant to Texas Government Code Chapter 2272.

KK. Certification Regarding Boycotting Certain Energy Companies

Proposer certifies that the proposer does not boycott energy companies and will not boycott energy companies during the term of any contract resulting from the solicitation. “Boycott energy companies” means, without any ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on or limit commercial relations with a company because the company engages in the exploration, production utilization, transportation, sale or manufacturing of fossil-fuel based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law.

LL. Certification Prohibiting Discrimination Against Firearm and Ammunition Industries

Proposer certifies that the proposer does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of any contract resulting from the solicitation. A “firearm entity” means a firearm, firearm accessory, or ammunition manufacture, distribute, wholesaler, supplier or retailer, or a sport shooting range. A “firearm trade association” means any person, corporation, unincorporated association, federation, business league or business organization that is not organized or operated for profit for which none of its net earning inures to the benefit of any private shareholder or an individual that has two or more firearm entities as members, or is exempt for federal income taxation under Section 501(c) of the Internal Revenue Code.

MM. Certification Regarding Certain Foreign-Owned Companies in Connection with Critical Infrastructure

Proposer certifies that the proposer is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the vendor for product warranty and support purposes. Vendor, certifies that neither it nor its parent company nor any affiliate of vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See TEX. GOV’T CODE § 2274.0101(2) of SB 1226 (87th leg.). The vendor verifies and certifies that vendor will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

5.2 Definitions

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

RFP shall mean Request for Proposal

UNIVERSITY shall mean West Texas A&M University.

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

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

Agreement for labor or for equipment & supplies under this RFQ in accordance with the terms, conditions, and requirements herein

Agreement / Contract shall mean the formal Contractual Agreement entered into between

WTAMU and the Seller as a result of this RFQ by means of purchase order and/or separate written contract.

5.3 Accessibility

Electronic and Information Resources (EIR) accessibility requirements and technical standards from

Texas Administrative Code, Title 1, Chapter 206 and Chapter 213 have been determined to apply to this

Request for Qualifications. Respondents must describe how the EIR product deliverables included as part of the service requirements meet at least those technical provisions identified as applicable in the attached Voluntary Product/Service Accessibility Templates (VPATs).

For EACH applicable EIR product, Respondent should provide the following accessibility information by way of Voluntary Product Accessibility Templates (VPATs) per the attached template or other equivalent reporting templates. Respondent must describe how the EIR product deliverables included as part of the service requirements meet the following requirements.

The appropriate Technical Accessibility Standards based on EIR Category (see table below)

Functional Performance Criteria described in 1 TAC §213.35 (i.e., Section 508 equivalent - 36 CFR Part

1194 Subpart C)

Information, Documentation, and Support described in 1 TAC §213.36 (i.e.,…