ESBD_539299_1784295607222_SOBA-26-283 Audit Services.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and Business Services

REQUEST FOR QUALIFICATIONS

AUDIT SERVICES

NUMBER: RFQ-01-SOBA-26-283

SUBMITTAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time on August 13, 2026

EMAIL RFQ RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: SOBA-26-283 AUDIT SERVICES

NOTE: Submittal must be received by The Texas A&M University System Office of Procurement and Business Services before the date and time specified for receipt of submittal as stated within Section 2.4 of this Request for Qualifications. After the due date and time, only the names of respondents may be made public.

REFER INQUIRIES TO:

Jeff Zimmermann, Executive Director

Procurement and Business Services | VetHUB Program The Texas A&M University System soprocurement@tamus.edu

All submittals shall become the property of The Texas A&M University System and the State of Texas upon receipt. Submittals may be subject to public review after contracts have been executed. Refer to Section 4G for more information regarding public information.

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

The Texas A&M University System RFQ-01-SOBA-26-283 Page 2 of 34

TABLE OF CONTENTS

SECTION 1. GENERAL _________________________________________________________________ 3

SECTION 2. INSTRUCTIONS FOR RESPONDENTS _____________________________________________ 4

SECTION 3. SERVICES AND QUALIFICATION STATEMENT REQUIREMENTS ________________________ 8

SECTION 4. GENERAL TERMS AND CONDITIONS ___________________________________________ 13

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance Requirements

Exhibit D – Required Contract Terms (Draft Agreement)

ATTACHEMENT 1 – JAMP Suggested Audit Program Procedures

The Texas A&M University System RFQ-01-SOBA-26-283 Page 3 of 34

SECTION 1

GENERAL

1.1 Scope

The Texas A&M University System (“A&M System”) is soliciting statements of qualifications (each a “Qualification Statement”) from firms regarding their knowledge, experience and qualifications to perform audit and review services on an as needed basis for the A&M System and its member universities and agencies (referred to as “Members”).

It is the intent of A&M System to establish a master services agreement (“Agreement”) with one or more firms (referred to as “Respondent”) who have demonstrated competence in providing these services and have the qualifications necessary to perform the services per the requirements listed in Section 3.

By submitting a response, each Respondent certifies that it understands this Request for Qualifications (“RFQ”) and has full knowledge of the scope, nature, quality, 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 RFQ will be the sole responsibility of the Respondent.

1.2 About the A&M System

The Texas A&M University System is one of the largest and most impactful higher education systems in the country, with an annual budget of $9.1 billion. Its statewide network includes 12 universities, a comprehensive health science center, eight state agencies, Texas A&M–Fort Worth and the Texas A&M–RELLIS. The Texas A&M System serves approximately 175,000 students and reaches millions more through service, research and outreach programs each year. With nearly $1.6 billion in annual research expenditures, the A&M System fuels innovation, supports communities and drives Texas’ economy forward.

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

1.3 Priorities/Expectations

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

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

(c) Delivery Efficiency. Respondent must demonstrate their ability to deliver the required services in a timely manner while not sacrificing the quality required by A&M System.

1.4 Performance Period

The intention of this RFQ is to qualify one or more firms for the services defined in this RFQ. These services will be used by the A&M System and its Members on an as-needed basis. The term for the Agreement shall be effective for a period of two (2) years beginning from the effective date of the Agreement. The Agreement may be extended for up to two (2) additional two-year terms providing all parties mutually agree on the extension.

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

The Texas A&M University System RFQ-01-SOBA-26-283 Page 4 of 34

SECTION 2

INSTRUCTION FOR RESPONDENTS

2.1 General Information

The A&M System is soliciting Qualification Statements from Respondents who have experience in audit and review services, preferably with institutions or agencies of the State of Texas. These basic services are outlined in Section 3.1 – Services Required. The Respondent(s) selected shall have an excellent track record for providing these services and shall agree to provide these services to A&M System and its Members on an as needed basis.

This RFQ outlines requirements as specified in Section 3. Submittals are to be in accordance with the requirements and terms contained herein, are to remain in effect a minimum of 120 days from the date of submission and may be subject to further extensions as negotiated. A statement to this effect should be contained in the Respondent's cover letter.

This RFQ contains specific requests for information. Respondents are encouraged to examine all sections of this RFQ carefully, in that the degree of interrelationship between sections is critical. In responding to this RFQ, Respondents are encouraged to provide any additional information they believe relevant.

Clause headings appearing in this RFQ have been inserted for convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the respective clauses. Whenever the terms “must", "shall", "will", "is required”, or "are required” are used in the RFQ, the subject being referred to is to be a required feature of this RFQ and critical to the resulting submittal.

In those cases where mandatory requirements are stated, material failure to meet those requirements could result in disqualification of the Respondent's Submittal (defined below). Any deviation or exception from RFQ specifications must be clearly identified by the Respondent in its Submittal.

Expenses for developing and presenting Submittals shall be the entire responsibility of the Respondent and shall not be chargeable to A&M System. All supporting documentation submitted with the Submittal will become the property of A&M System unless otherwise requested by the Respondent, in writing, at the time of submission, and agreed to, in writing, by A&M System.

2.2 Calendar of Events

Release of RFQ .................................................................................................... July 17, 2026 Deadline to Submit Questions ........................................................................... July 29, 2026 Release of Addendum (if applicable) .............................................................. August 3, 2026 Deadline for Receiving Qualification Statements .......................................... August 13, 2026 Anticipated Award Date ..................................................................................................... TBD Agreement Effective Date .......................................................................... September 1, 2026

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

2.3 Examination of the Request for Qualifications

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

The Texas A&M University System RFQ-01-SOBA-26-283 Page 5 of 34

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

2.4 Submittal Instructions and Delivery of Submittals

All Submittals must be received by A&M System no later than 2:00:00 p.m. Central Time, August 13, 2026, electronically via email to soprocurement@tamus.edu with the subject line of “SOBA-26-283 – Audit Services”. The sent time indicated within the A&M System email server shall be used for the receipt and acceptance of the Submittal. Late Submittals will not be considered under any circumstances.

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

2.5 Submittal Components

The following documents are to be returned as part of your qualification submittal (collectively, the “Submittal”). Failure to include these sections/documents may be basis for Submittal disqualification.

I. Qualification Statement

Qualification Statement (Section 3.2)

II. Forms

Signed Execution of Offer (Exhibit A)

Signed and notarized Non-Collusion Affidavit (Exhibit B)

Subcontracting Plan (Section 3.3)

Qualification Statement shall consist of answers to questions identified in Section 3.2 of the RFQ. It is not necessary to repeat the question in the Qualification Statement; however, it is essential to reference the question number with the corresponding answer.

Failure to comply with all requirements contained in this RFQ may result in the rejection of the Submittal.

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

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

• Non-Collusion Affidavit: The Respondent signature on this document may be done electronically with DocuSign, Adobe or another similar tool. An Agreement may not be executed with an awarded Respondent until this document is fully signed and notarized.

2.6 Inquiries and Interpretations

All questions concerning this RFQ are to be directed, in writing, to Jeff Zimmermann at soprocurement@tamus.edu. Respondents may not contact other individuals at the A&M System to discuss any aspect of this RFQ, unless expressly authorized by the A&M System office of Procurement & Business Services to do so. The A&M System will publish all questions in the form of an addendum with responses at least two (2) business days prior to the Deadline for Receiving Qualification Statements as stated in the schedule in Section 2.2.

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

mailto:soprocurement@tamus.edu mailto:soprocurement@tamus.edu

The Texas A&M University System RFQ-01-SOBA-26-283 Page 6 of 34 http://www.txsmartbuy.com/sp (Input Agency Number “710” and select “Posted” for the Status)

All such addenda/amendments issued by the A&M System prior to the time that Qualification Statements are received shall be considered part of the RFQ, and the Respondent shall consider and acknowledge receipt of such in their Execution of Offer (Exhibit A). Only those A&M System replied to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect.

2.7 Selection Process

The evaluation of the Qualification Statements shall be based on the information provided and the Respondent’s demonstrated competence and qualifications to perform the Services. The RFQ provides the information necessary to prepare and submit Qualification Statements for consideration by A&M System. All properly submitted Qualification Statements will be reviewed, evaluated, and ranked by A&M System. A&M System will evaluate and rank the Respondents based on demonstrated competence and qualifications. A&M System may interview one or more of the top ranked Respondents as part of the evaluation process.

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

demonstrated competence, capability, experience, knowledge, references, and qualifications of the Respondent. Demonstrated past experience with agencies or institutions of the State of Texas will be given preference. If other considerations are equal, A&M System may give preference to Respondents 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, to the extent permitted by applicable law.

It is the intent of A&M System to qualify one or more Respondents for a pool of available providers.

A&M System, at its sole discretion, may select as many firms as deemed to be in A&M System’s best interest to be included in the pool to meet the needs throughout the A&M System. The Respondents selected will be those whose demonstrated competence, experience, qualifications, and capability as presented in response to this RFQ, establish them, in the opinion of A&M System, as well qualified and competent to perform the Services. Furthermore, execution of an Agreement does not guarantee that any assignments, work orders, or engagements will be awarded to a selected Respondent under that Agreement.

A&M System may cancel this RFQ or reject submissions at any time prior to an award and is not required to furnish a statement of the reasons why a particular Submittal was not selected. Should A&M System determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and executed with that Respondent. To the extent any Services constitute professional services subject to Texas Government Code Chapter 2254, A&M System will first select or rank Respondents based on demonstrated competence and qualifications and then negotiate a fair and reasonable price, in accordance with applicable law. If a single contract is to be awarded and A&M System cannot reach a satisfactory contract at a fair and reasonable price with the most highly qualified Respondent, it will end negotiations and proceed, in order of qualifications, to the next most highly qualified Respondent until a contract is reached or A&M System ends the process. The contract will be an Agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the Respondent’s Qualification Statement as negotiated.

By submitting its Qualification Statement in response to this RFQ, Respondent accepts the evaluation process and acknowledges and accepts that determinations regarding demonstrated competence and qualifications will require subjective judgments by A&M System.

The selection of the successful Respondent(s) may be made by A&M System on the basis of the Qualification Statements initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful Respondent(s) may be made by A&M System on the basis of discussions or negotiations with one or more of the most highly qualified Respondents. A&M System http://www.txsmartbuy.com/sp

The Texas A&M University System RFQ-01-SOBA-26-283 Page 7 of 34 shall not disclose any information derived from the Qualification Statements submitted by competing Respondents in conducting such discussions.

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

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

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

The Texas A&M University System RFQ-01-SOBA-26-283 Page 8 of 34

SECTION 3

SERVICES AND QUALIFICATION STATEMENT REQUIREMENTS

3.1 Services Required

The engagement services (“Services”) to be included and made available to all Members of the A&M System shall consist of but not limited to the following:

A. Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) financial reports, Accreditation Procedures for Applicant Institutions which can be found at http://sacscoc.org/app/uploads/2019/07/AccredProceduresApplicant.pdf.

Additional guidance can be found in The Principles of Accreditation: Foundations for Quality Enhancement which can be found at http://sacscoc.org/accrediting-standards/, this engagement could be a review or an audit and is due at the end of January.

B. The airport passenger facility charge account, required per the Federal Aviation Administration which is due annually in May (14 CFR, Part 158 Subpart D 158.67).

C. The Cancer Prevention Research Institute of Texas (CPRIT), required audit for certain grant recipients according to the guidelines at https://www.cprit.state.tx.us/about-us/statute-rules-and-grant-policies-guide/ which is due annually in the Spring.

D. Joint Admission Medical Program (JAMP), the JAMP Suggested Audit Program Procedures, attached hereto as Attachment 1, which is due annually in the Spring, E. Alumni foundation audits and filing their tax returns, the due dates vary depending on the entity’s fiscal year end, F. Compliance with the requirements described in the OMB Compliance Supplement of the Student Financial Assistance Cluster federal program, this field work could be completed in the Summer or Fall, G. Institutional or agency audit or standard review, H. Independent accountants’ report on applying agreed upon procedures to the administration of athletics department funds in accordance with the NCAA Bylaw 3.2.4.15 which due annually in January, and

I. If management prefers (not required) to have an annual audit of financial statements

J. Other audits or reviews that may be required.

3.2 Qualification Statement

Respondents shall carefully read the information herein and submit a complete Qualification Statement responding to all items listed below. The Qualification Statement shall be formatted as directed. Incomplete Qualification Statements may be considered non-responsive and subject to rejection.

I. RESPONDENT’S QUALIFICATION STATEMENT AND AVAILABILITY TO UNDERTAKE THE SERVICES (maximum of two printed pages per question):

a. Provide a statement of interest including a narrative describing the firm’s qualifications pertaining to audit and review services. In order to be considered, Respondents must possess the following minimum qualifications:

• The respondent must conform to the standards of independence promulgated by the American Institute of Certified Public Accountants (AICPA);

http://sacscoc.org/app/uploads/2019/07/AccredProceduresApplicant.pdf http://sacscoc.org/accrediting-standards/ https://www.cprit.state.tx.us/about-us/statute-rules-and-grant-policies-guide/ https://www.cprit.state.tx.us/about-us/statute-rules-and-grant-policies-guide/

The Texas A&M University System RFQ-01-SOBA-26-283 Page 9 of 34

• Senior engagement team and the firm must be licensed to practice in public accounting in the State of Texas;

• The respondent must have received a pass or pass with deficiencies on its most recent external quality control review report;

• The engagement must be performed in accordance with Statements on Standards for Accounting and Review Services as set forth by the AICPA;

• The respondent must have been practicing public accountancy and providing review and audit services for a minimum of five (5) years;

• The respondent must have provided engagement services to at least 3 state of Texas or higher education entities within the preceding 3 years;

• The respondent’s IT infrastructure must be capable of providing verifiable security for all of the A&M System’s data, including transmission to/from the A&M members, utilizing industry-standard data encryption.

b. Provide the following information:

• Staffing – To the extent possible, provide credentials and/or certifications of everyone who may be assigned to the various types of services listed in Section 3.1. Identify all individuals by name and title that will provide support including their location, position, specific responsibilities, educational background, experience, technical capabilities, and the approximate amount of time they will spend on the project.

c. Provide a statement on the availability and commitment, in relation to the due dates of the various services listed in Section 3.1, of the firm and named key personnel to undertake and manage the Services. Include an estimate of the expected turnaround time for each of the Services listed. Note that multiple Members could need these Services at the same time so the response to this item must address this possibility.

d. A description of any previous experience with agencies or institutions of the state of Texas as it relates to the scope of this RFQ.

II. QUALITY CONTROL AND STANDARD OF CONDUCT

a. Provide a copy of the Respondent’s most recent external quality control review report. If deficiencies were noted, the Respondent must explain the basis for the deficiencies and how the deficiencies were resolved.

b. Provide a statement providing information on the circumstances and status of any disciplinary action taken or pending during the past 5 years involving regulatory bodies or professional organizations.

c. Provide information with respect to any allegations of ethical lapses within the Respondent’s organization within the past 5 years, any on-going investigation by any regulatory agency or pending litigation matters involving the Respondent.

III. COMPANY BACKGROUND

a. Provide a brief history of the firm including all office location(s), legal status and officers.

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

c. Provide any details of all past or pending litigation or claims filed against your firm that would affect your firm’s performance under a contract with A&M System.

The Texas A&M University System RFQ-01-SOBA-26-283 Page 10 of 34

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

IV. RESPONDENT’S PERFORMANCE ON PAST REPRESENTATIVE PROJECTS

List no more than three (3) examples of relevant, previous projects with governmental entities, including any public institutions of higher education or agencies, undertaken by the Respondent within the past 3 years that best demonstrates the Respondent’s capacity and expertise to fulfill the requirements of the stated services. Each example should be well organized, and, when applicable, identify key personnel proposed for the A&M System contract who worked on the example project. Provide the following information for each project listed:

• Entity name and location

• Description of services provided

• Name, email address and telephone number of the primary contact

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

V. RESPONDENT’S PRICING PROCESS

Describe your process for pricing a project. This process must fully define the basis for the pricing of an engagement and how all costs associated with the scope of work are determined.

Respondents should not submit binding fee proposals, fee schedules, or pricing for specific engagements or projects in the Qualification Statement; A&M System may request and negotiate compensation terms after any qualifications-based selection to the extent required by applicable law.

VI. MEMBER ENGAGEMENT PROCESS

Members will have the option to choose services and providers from the pool of selected Respondents at their discretion. Please provide an explanation of how Members will engage for services. Provide sample order form, work order, etc. that will be used by a Member for each engagement.

3.3 VetHUB Program

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

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

The A&M System requires a state of Texas Subcontracting Plan (SP) for contracts of $100,000 or more over the life of the contract (including any renewals and amendments), where such opportunities exist. The total expected value of this solicitation and subsequent contract is $100,000 or more and https://comptroller.texas.gov/purchasing/vendor/hub/hub-faq.php

The Texas A&M University System RFQ-01-SOBA-26-283 Page 11 of 34 therefore, Respondents to this RFQ are required to develop and submit a completed Subcontracting Plan form with their Submittal. (Texas Government Code Chapter 2161, Subchapter F; 34 Texas Administrative Code Section 20.285)

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 SP form.

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

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

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

An accepted SP form will become a part of any contract with the Respondent resulting from this solicitation. The Respondent must amend its SP if there is any change in its planned subcontracting during the performance of the contract. Any revisions to the SP must be approved by the A&M System VetHUB Program Office.

Procedures for Completing the SP Form

The A&M System requires the Respondent to submit an SP form for this RFQ. The SP form must include all subconsultants, suppliers, subcontractors, and vendors intended to be included in the Respondent’s team. The A&M System has set a VetHUB goal of 2% for this solicitation.

In accordance with 34 TAC §20.285, as adopted, the Respondent must demonstrate its good faith development of a subcontracting plan by either inviting small businesses to bid for subcontracts (the solicitation method) or stating that it does not intend to subcontract (the self-performing method).

These two methods are further described within the SP form. The SP form to be used is located at the following site: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

For more information or assistance in properly completing the SP form for this RFP, the Respondent may contact the A&M System at SO-HUBProgram@tamus.edu. Each Respondent is encouraged to submit a draft of their SP form prior to submitting their response to the RFP for review by the A&M System. To permit adequate time for the performance of the required good faith effort, we request that all drafts be submitted at least ten (10) business days prior to the RFP due date.

3.3.1 Subcontracting Plan Instructions

The information below shall be included in page 1 of the State of Texas Subcontracting Plan completed and submitted with your Submittal.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://texas-sos.appianportalsgov.com/rules-and-meetings?$locale=en_US&interface=VIEW_TAC_SUMMARY&queryAsDate=05%2F12%2F2026&recordId=228524 https://comptroller.texas.gov/purchasing/vendor/hub/forms.php mailto:SO-HUBProgram@tamus.edu

The Texas A&M University System RFQ-01-SOBA-26-283 Page 12 of 34

3.3.2 Awarded Respondent Requirements

If the Respondent is selected and awarded an Agreement for their proposed Services in connection with this RFP, the Respondent will be required to comply with all good faith effort requirements. The Respondent may be required to complete a separate SP form for a Member engagement which identifies the subcontracting opportunities anticipated for the scope of work defined in that specific engagement. If required, the SP will be due prior to beginning performance on a Member engagement.

The SP form submitted with the Submittal will be included within the Agreement and the A&M System will monitor compliance and progress with all requirements. Per Texas Government Code 2161.253(d), if a determination is made that the Respondent failed to implement the plan in good faith, the A&M System, in addition to any other remedies, may bar the Respondent from further contracting opportunities with the A&M System.

The Texas A&M University System RFQ-01-SOBA-26-283 Page 13 of 34

SECTION 4

GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

H. ANTITRUST: Respondent hereby assigns to A&M System, 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).

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

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

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

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

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

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EXHIBIT A

EXECUTION OF OFFER

RFQ-01-SOBA-26-283

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

A.1 Respondent Affirmation

NOTE TO RESPONDENTS: SUBMIT THIS ENTIRE SECTION WITH THE SUBMITTAL.

This execution of offer must be completed, signed, and returned with the Respondent's Submittal. Failure to complete, sign and return this execution of offer with the Submittal may result in rejection of the Submittal.

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

Addenda Acknowledgment:

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

No. 1 ______ Date No. 3 ______ Date

No. 2 ______ Date No. 4 ______ Date

A.2 Signature

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

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

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

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

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

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

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

Section 2155.004 Texas Government Code);

The Texas A&M University System RFQ-01-SOBA-26-283 Page 16 of 34

(vii) all services to be provided in response to this RFQ will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health law (Public Law 91-596) and its regulations in effect as of the date of this solicitation;

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

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

(x) each individual or business entity proposed by Respondent as a member of its team that will engage in the practice of engineering or architecture will be selected based on demonstrated competence and qualifications only;

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

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

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

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

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

Respondent shall provide their Federal Employer Identification Number (EIN), full VENDOR name, address and contact information in the spaces below. Failure to either manually or electronically (i.e. DocuSign) sign in the Authorized Signature line below will disqualify the Submittal. The person signing shall show title and have authority to bind his/her firm into a contractual relationship.

Federal EIN/Taxpayer ID #:

Vendor/Company Name:

Authorized Signature:

Date Executed:

Name:

Title:

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Street:

City/State/Zip:

Telephone No.:

Fax No.:

E-mail:

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

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EXHIBIT B

NON-COLLUSION AFFIDAVIT

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

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

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

CONFLICT OF INTEREST

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

Signature ____________________________________________

Company Name _______________________________________

Date _______________________

Notary _____________________________________ Subscribed and sworn to before me this

__________ day of ________________, 2026.

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

___________________. My commission expires: __________________________

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

MAY RESULT IN THE REJECTION OF YOUR SUBMISSION.

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EXHIBIT C

INSURANCE REQUIREMENTS

1. Provider shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. General Liability, Auto Liability and Excess/Umbrella Liability insurance shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a current financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to A&M System.