DIVISION OF FINANCE AND BUSINESS SERVICES

PROCUREMENT SERVICES

REQUEST FOR PROPOSAL

Special Effects for Sporting Events

TAMU-RFP-26-5017

PROPOSAL MUST BE RECEIVED ON OR BEFORE:

2:00 p.m. CST on September 15, 2026

Proposal response must be received by Texas A&M University, Procurement Services before the date and time specified for receipt of proposal as stated within Submittal Instruction referenced in Section 4.1 of this RFP. After the due date and time, only the names of respondents will be made public.

All proposals shall become the property of Texas A&M University and the State of Texas upon receipt. Proposals may be subject to public review after contracts have been executed. Refer to Section 14.19 of Standard Terms and Conditions https://purchasing.tamu.edu/_media/tamu-purchase-terms.pdf for more information regarding confidential and proprietary information.

REFER INQUIRIES TO:

Jessica Gossett Assistant Director

Texas A&M University Procurement Services email:Jessica.gossett@tamu.edu

Email: purchasing@tamu.edu Phone: 979-845-4570

Purchasing & Stores Building 330 Agronomy Road

1477 TAMU

College Station, TX 77843-1477 mailto:purchasing@tamu.edu

Table of Contents

Section 1 Introduction

Section 2 Requirements

Section 3 Evaluation Criteria for Award

Section 4 General Information

Section 5 Terms and Conditions

Section 6 Execution of Offer

Section 7 Non-Collusion Affidavit

Appendix A – Insurance Requirements

Attachment A – State of Texas Subcontracting Plan

SECTION 1

INTRODUCTION

1.1 Introduction

Texas A&M University, subsequently referred to as Texas A&M, Athletics is seeking competitive proposals and intends to enter into an agreement with a partner to Furnish Special Effects at all home football games/events in Kyle Field as well as additional home A&M Athletics events needed (inclusive but not limited to soccer, baseball, softball, track & field, basketball, etc.).

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

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO

SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

1.2 Brief History and Background

Texas A&M Established in 1876, Texas A&M has since grown to become a world leader in teaching, research, and service, with an international reputation for excellence in both academics and athletics. With an enrollment of more than 70,000+ students at the main campus in College Station, Texas A&M is the fourth largest among U.S. universities and graduates more than 17,000 students each year.

More than half of the university’s 400,000 alumni, known as “former students,” have graduated since 1999, reflecting Texas A&M’s mercurial growth.

Our athletics department is committed to building champions through academic achievement, athletic excellence, and national recognition of student-athletes, teams, and programs. We are a proud member of the Southeastern Conference, with more than 650 Texas A&M student-athletes competing at the NCAA Division 1-A level in 20 varsity sports.

Texas A&M’s Kyle Field has been the home of the Aggie football team since 1905.Over a two-year span (2014-15), Kyle Field underwent one of the largest and most extensive redevelopment projects in the history of collegiate athletics. The redeveloped Kyle Field features an expanded seating capacity of 102,733, making it one of the five largest stadiums in collegiate football. The $485 million redevelopment was completed in two phases and made its debut for the 2015 season.

The Aggies have welcomed more than 100,000 fans per contest to Kyle Field since the start of the 2014 season, including the stadium record of 110,633 for the Ole Miss game on Oct. 11, 2014.

Prior to the redevelopment, the most recent major improvement was the $32.9 million north end zone expansion, which was completed in 1999. The formation of the Bernard C. Richardson Zone raised Kyle Field’s capacity to 82,589. “The Zone” opened at full capacity for the first time for the annual Texas A&M-Texas grudge match in 1999 and a then state-record football crowd of 86,128 watched the Aggies tally a hard-fought 20-16 victory over the archrival Longhorns. The stadium record was broken six times since the 1999 game and stood at 90,079 (9-6 win over Nebraska in 2010) prior to the redevelopment.

Kyle Field was named for Edwin Jackson Kyle, who served as Texas A&M’s dean of agriculture and athletic council president. Kyle donated a 400 x 400-foot area of the southern edge of campus that had been assigned to him for horticultural experiments.

The permanent seating on the east and west sides of Kyle Field were added in 1927 and the horseshoe was completed in 1929. The stadium was expanded in 1967 to include two decks of grandstands, and the third decks were added to the east and west sides in 1980. The Aggies played on grass through the 1960s, but A&M became one of the many schools that switched to artificial turf in the early 1970s. Grass returned to Kyle Field in 1996 and the Aggies currently play on grass.

1.3 Schedule of Events

The review and approval of RFPs is a multi-step process that requires variable amounts of time.

Responders are advised that the projected “Formal Execution of Agreement” date as listed in the “Tentative Timetable” may require extension.

Tentative Timetable

Deadline for Questions ......................................... ............................... .............................. September 4, 2026 @ 5:00 p.m. CST Posting mailing Addendum and Response to Inquiries ......................... .............................. September 7, 2026 @ 5:00 p.m. CST Deadline for Receipt of Proposal ....................... ............................... .............................. September 15,2026 @ 2:00 p.m. CST Evaluation of Proposals Completed ...................... ............................... .............................. September Award ................................................................... ............................... .............................. September Formal Execution of Agreement (Projected) ........ ............................... .............................. September 2026

1.4 Scope of Work

Texas A&M University, subsequently referred to as Texas A&M, Athletics is seeking competitive proposals and intends to enter into an agreement with a partner to Furnish Special Effects at all home football games/events in Kyle Field as well as additional home A&M Athletics events needed (inclusive but not limited to soccer, baseball, softball, track & field, basketball, etc.). Available services are inclusive of CO2/Cryo/Fog, pyro, confetti and fireworks.

Specifications/Requirements

• Dates of Service – all home football games at Kyle Field during the Fall season and annual Spring game as requested. Service shall also be made available for additional A&M Athletic regular season sporting events when needed.

• All special effects services scheduled must be in place and tested a minimum of one (1) hour prior to venue gates opening.

• The following shall be the minimum equipment requirement for each home game:

Six (6) CO2 Cryo Jet Heads (hoses and tanks) with a minimum of two (2) 8ft truss Two (2) high output fog machines Open to substituting nitrogen for CO2 effects; depending on cost Two (2) technicians on-site to execute requested services that are SEO licensed for pyrotechnics and

FEO licensed for flame effects.

• All licensed pyrotechnicians must have at least two (2) years of experience relevant to the effects used.

• Shall provide qualified pyrotechnicians who will deliver, setup, execute and take down the pyrotechnic display, in addition to conducting an after-display search of the grounds in an effort to locate and dispose of any unexploded fireworks.

• Pyro flame effects from a minimum of two (2) on-field boxes with custom A&M branding. Flame units must:

Be battery operated and capable of self-contained operations in excess of 12 hours.

Be operated wirelessly with system containing unique frequencies and wired operation as backup method.

Be capable of visual warning mode with armed.

Have moisture resistant circuitry, capable of operating in high humidity & rainy environments.

Contain two (2) electromagnetic valves connected in series for additional system safety.

Not have a standing pilot and must produce effect using direct-spark technology.

Be capable of multiple equipment mounting options (base, truss, speaker stand, etc.).

Not cause any damage to the playing field.

• Service provider must have a minimum of ten (10) years of experience providing special effects for NCAA Division I FBS/FCS programs

• All pyrotechnics will be fired electronically using systems that require a minimum of two (2) actions, no hand firing will be permitted. Electronic firing systems must have internal memory capable of firing elaborate, pre-designed scripts.

• A computer simulation of the pyrotechnics display must be provided upon request by Texas A&M, Athletics.

• All special effects and pyrotechnics equipment used must be capable of emergency stop (one action to halt).

• Must physically own twice the amount of gear that is used for each game in case of gear malfunction.

• Insurance Requirement – Must carry $10 million in liability insurance as well as meet the standard insurance requirements in Appendix A.

• Gear and effect spec sheets/MSDS on all products must be provided to Texas A&M, Athletics for review.

• Any gear or equipment changes must be approved prior to gameday by Texas A&M, Athletics staff.

• Upon award, a walkthrough will be scheduled with the selected vendor and Texas A&M, Athletics personnel to determine scope of services & site plan for firework show option(s) for the 2026 Fall football season. Additional walkthroughs throughout the year as needed shall be scheduled. All walkthroughs will be at no additional charge to Texas A&M, Athletics.

• Texas A&M, Athletics reserves the right to add additional services, depending on cost and make changes on services requested from event to event. All charges must be approved by both parties.

Texas A&M University RFP-TAMU-26-5107 Page 5 of 15

1.5 Award

The intent of this RFP is to make one award.

1.6 Contract Term

The intent of the Agreement is to be in effect for a period of five (5) years, with terms, conditions and pricing to be reviewed and negotiated annually and agreed upon by both parties. Respondents are expected to provide ideal terms and conditions.

Texas A&M University RFP-TAMU-26-5107 Page 6 of 15

SECTION 2

REQUIREMENTS

2.1 Technical Proposal

Provide a detailed plan on how you propose to provide a solution to provide Special Effects at all home football games/events in Kyle Field as well as additional home A&M Athletic events based on your understanding of the current environment and the scope of work described in Section 1.3, response shall clearly detail:

2.1.1 Qualifications/Requirements

2.1.1.1 Respondents shall briefly describe your firm’s organizational capacity as well as provide resumes of team assigned to project that highlight their expertise.

2.1.1.2 Provide a detailed listing of all available services and equipment that could be offered.

2.1.1.3 Texas A&M, Athletics reserves the right to request copies of all pyrotechnicians licenses to ensure all requirements are met.

2.1.1.4 Respondents shall provide samples of previous special effects that have been provided. Provide weblink or electronic file for each sample.

2.2 References

Proposals shall include a list of three (3) clients of services comparable in type and scope of service in this solicitation in the last five (5) years. Clients of higher education institutions are preferred. The list shall include company name, point of contact, telephone number and email address. Texas A&M University reserves the right to call to verify that similar services were provided and inquire about the reliability of the proposer’s performance history. A negative reference may be grounds for disqualification

2.3 Pricing

Respondents shall provide a detailed pricing based on the following:

• Provide pricing that includes the following for each home football game: $

Minimum of six (6) CO2 Cryo Jet Heads (hoses and tanks) with a minimum of two (2) 8ft truss Minimum of two (2) high output fog machines Open to substituting nitrogen for CO2 effect depending on cost.

Minimum of two (2) technicians on-site to execute requested services that are SEO licensed for pyrotechnics, and FEO licensed for flame effects.

Pyro flame effects for a minimum of two (2) on-field boxes with custom A&M branding.

Flame units must:

- Be battery operated and capable of self-contained operations in excess of 12 hours.

- Be operated wirelessly with system containing unique frequencies and wired operation as backup method.

- Be capable of visual warning mode when armed.

- Have moisture resistant circuitry, capable of operating in high humidity & rainy environments.

- Contain two (2) electromagnetic valves connected in series for additional system safety.

- Not have a standing pilot and must produce effect using direct-spark technology.

- Be capable of flame monitoring and tilt detection for increased system safety.

- Be capable of multiple equipment mounting options (base, truss, speaker stand, etc.).

- Not cause any damage to the playing field

• Pricing proposal to provide an outline of all associated costs for a postgame pyro musical firework show to be conducted at a minimum of one (1) game that includes price differences between a 3-minute, 5-minute, 8-minute and 10-minute show.

• The pricing proposal shall be inclusive of any and all expenses related to pre-event gear and fluid and/or gas tank delivery, permits, the needed fluid and/or gas tanks, as well as technician travel.

• Pricing proposals shall provide detailed pricing of additional special effects and gear that could be offered

Texas A&M University RFP-TAMU-26-5107 Page 7 of 15

SECTION 3

EVALUATION CRITERIA FOR AWARD

3.1 Evaluation Information

Texas A&M University will utilize an evaluation team for the evaluation of this RFP. Texas A&M University will evaluate and make the award on the proposal that is determined to be the “Best Value” (Section 5.2) to the State based on, but not limited to the criteria listed here-in.

All proposals must be complete and convey all of the information requested to be considered responsive. If the proposal fails to conform to the essential requirements of the RFP, Texas A&M 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 to being made acceptable and therefore not considered for award.

By submitting a proposal, Respondent acknowledges and accepts [a]the evaluation process, [b] the evaluation factors, [c] the scope of this engagement (Section 1), [d] the terms and conditions of the Agreement (Section 5), [e] all other requirements and specifications set forth in this RFP, and [e] that some subjective judgments must be made by the University during this RFP process.

Should Texas A&M be unable to agree on final Agreement terms and conditions with the highest ranked proposer, a Texas A&M representative(s) will then negotiate with the second-ranked proposer or reissue the same or modified version of this RFP.

Texas A&M University reserves the right to reject any and all proposals.

3.2 Demonstration/Presentation

During evaluation, Texas A&M may request an on-site demonstration/presentation of proposer(s). The team may consider the demonstration/presentation in the evaluation criteria. The purpose of the on-site demonstration/presentations is for clarification or to amplify the materials presented in any part of your submission. However, vendors are cautioned that the evaluators are not required to request clarification; therefore, all submissions should be complete and reflect the most favorable terms available from the offer.

3.3 Evaluation Criteria and Weights

Each proposal shall be evaluated on the ability to meet the university’s minimum requirements in Section 2 and to provide the best value to the University. Proposal shall be evaluated by assigning points to each of the items below. The maximum number of points that can be assigned to each item being evaluated are as follows:

Evaluation Criteria Possible Points

Experience/Skillset 20

Pricing 30

Insurance Requirement (carry $10 million in liability insurance as well as meet the standard insurance requirements in Appendix A)

Technical Proposal (services and gear offered, ability to meet minimum requirements for each home football game, etc.)

References (must have performed services for a NCAA Division I FBS/FCS program)

TOTAL POINTS 100

Texas A&M University RFP-TAMU-26-5107 Page 8 of 15

SECTION 4

GENERAL INFORMATION

4.1 Submittal Instructions

4.1.1 Proposals including Execution of Offer (Section 6) must be signed by Respondent’s company official authorized to commit such proposals. Failure to sign the Execution of Offer will be basis for proposal disqualification.

4.1.2 Complete proposals may be submitted either USPS, express mail or electronically utilizing the following electronic options. Electronic submittals are preferred. Electronic signatures are acceptable.

Option 1 AggieBid (https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU) – One (1) electronic copy submitted via our electronic bid system. Respondents are required to register as a vendor within system. If you need assistance with vendor registration, please reach out to Jaggaer Supplier Support or call 800.233.1121.

Option 2 Email - One (1) Electronic Copy submitted via email to tamuaggiebid@tamu.edu with the subject line “TAMU-RFP-26-5107 - (JG)”.

All electronic copies must either be in Microsoft Office software or Adobe Portable Document Format (PDF). All image files must be in one of the following formats: .jpg, .gif, .bmp, or .tif. We prefer image files to already be inserted as part of a document such as a PDF.

4.1.3 An unreadable electronic copy due to incorrect format may reflect negatively on your proposal.

Late responses properly identified will be returned to Respondent unopened. Late responses will not be considered under any circumstances. Texas A&M shall not be responsible for failure of electronic equipment or operator error.

4.2 Question and Answer Period

Texas A&M specifically requests that Respondents restrict all contact and questions regarding this RFP to the Texas A&M Procurement Contract provided on cover page. Deadline for questions is September 4 ,2026 @ 5:00 PM. All questions and answers will be posted to the AggieBid site no later than the date specified within the Schedule of Events (Section 1.3).

4.3 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and e-mailed, faxed or mailed to all parties recorded by Texas A&M as having received a copy of the RFP. All such addenda issued by Texas A&M prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal.

Only those Texas A&M replied to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect.

4.4 Electronic State Business Daily Website

This solicitation has been posted to the Electronic State Business Daily (ESBD) website. No other information pertaining to this solicitation will be posted to the ESBD. It is the responsibility of interested vendors to regularly check the AggieBid site as referenced in Section 4.1 for any possible addenda to this project. The RFP is inclusive of all addenda issued.

http://www.txsmartbuy.com/sp

4.5 Proposal Components

The following documents are to be returned as part of your proposal submittal:

Signed Execution of Offer (See Section 6) References (See Section 2) Technical Proposal (See Section 2) Non-Collusion Affidavit (See Section 7) Pricing (See Section 2) Any Addendums, if applicable https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TAMU mailto:tamuaggiebid@tamu.edu http://www.txsmartbuy.com/sp

Texas A&M University RFP-TAMU-26-5107 Page 9 of 15

SECTION 5

TERMS AND CONDITIONS

5.1 Terms and Conditions

• Texas A&M University’s Standard Terms and Conditions: https://purchasing.tamu.edu/_media/tamu-purchase-terms.pdf as well as any additional terms and conditions provided here-in, in all aspects govern and control any Agreement issued as a result of this solicitation.

Additional or attached terms and conditions which are determined to be unacceptable to Texas A&M may result in the disqualification of your proposal. Examples include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies.

5.2 General

These General Terms and Conditions shall be made a part of and govern any Agreement/Purchase Orders resulting from this Request for Proposal.

Each response should be prepared simply and economically, providing a straightforward and concise description of Respondent’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the offer requirements.

In accordance with Texas Education Code 51.9335, Texas A&M University shall make the award based on, but not limited to, the following best value criteria: The purchase price; The reputation of the vendor and of the vendor's goods or services; The quality of the vendor's goods or services; The extent to which the goods or services meet the institution's needs; The vendor's past relationship with the institution; The impact on the ability of the institution to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities; The total long-term cost to the institution of acquiring the vendor's goods or services; Any other relevant factor that a private business entity would consider in selecting a vendor; and The use of material in construction or repair to real property that is not proprietary to a single vendor unless the institution provides written justification in the request for bids for use of the unique material specified. Additionally, all respondents are hereby notified that Texas A&M shall consider all factors it believes to be relevant in the determination of the “Best Value” including, but not limited to: past experience, references, proposal, and price. Texas A&M’s decision is final.

Responses are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.

5.1 Final Review and Approval

Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of the proposal.

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

5.2 Definitions

Whenever the following terms are used in these General Terms and Conditions or in other documents the intent and meaning shall be interpreted as follows:

RFP shall mean Request for Proposal.

Proposal shall mean Respondents offer

Texas A&M shall mean Texas A&M University and other system parts.

Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP.

Vendor shall mean the individual, partnership, corporation, or other entity awarded an agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein.

Agreement shall mean an agreement, documented by written instrument, between Texas A&M and the successful respondent to provide products/services as requested to Texas A&M in College Station, Texas.

Texas A&M University RFP-TAMU-26-5107 Page 10 of 15

5.3 Default

In the event that the Vendor fails to carry out or comply with any of the terms and conditions of the agreement with Texas A&M, Texas A&M may notify the Vendor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Seller fails to remedy such failure or default within the ten (10) day period, Texas A&M shall have the right to cancel the agreement upon thirty (30) days written notice.

The cancellation of the Agreement, under any circumstances whatsoever, shall not affect or relieve Vendor from any obligation or liability that may have been incurred or will be incurred pursuant to the agreement and such cancellation by Texas A&M shall not limit any other right or remedy available to Texas A&M at law or in equity.

5.4 Termination

5.6.1 For Convenience:

The agreement may be terminated, without penalty, by Texas A&M without cause by giving thirty (30) days written notice of such termination to the seller.

5.6.2 In no event shall such termination by Texas A&M as provided for under this Section give rise to any liability on the part of Texas A&M including, but not limited to, claims of Vendor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. Texas A&M’s sole obligation hereunder is to pay Vendor for products and/or services ordered and received prior to the date of termination.

5.6.3 Texas A&M reserves the right to immediate cancellation, without penalty, due to non-performance

5.7 Publicity

Vendor agrees that it shall not publicize this agreement or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of Texas A&M’s name in connection with any sales promotion or publicity event without the prior express written approval of Texas A&M.

5.8 Non-Waiver of Defaults

Any failure of Texas A&M 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 Texas A&M at any time to avail itself of same.

5.9 Billing Resolutions

In the case of a problem on a disputed invoice or charge, the Respondent will provide necessary information, i.e. duplicate invoice, shipping information and proof of delivery at no extra charge to Texas A&M within 5 business days of request. All credit memos will reflect the purchase order number and the original invoice number in which charge was initiated.

5.10 State of Texas Subcontracting Plan

Subchapter D, Division 1 it is the policy of the State of Texas and Texas A&M to promote opportunities for certified Veteran- Owned Businesses through the State of Texas VetHUB Program in state contracting and purchasing activities.

Upon award, any single engagement valued at $100,000 or more will require the completion and approval of a State of Texas Subcontracting Plan before the formal execution of any formal agreement or engagement letter. Procurement Services will collaborate with the selected vendor to ensure the proper completion of the required form.

Applicable forms and instructions are available at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php?utm_source=chatgpt.com

5.11 Insurance Requirements

5.11.1 The successful vendor will be required per the indicated requirements (Appendix A) to provide proof of insurance prior to beginning any work on the campus of Texas A&M University. The vendor will be held strictly liable for any damages to Texas A&M University property occurring during any installation.

5.11.2 Vendor shall not commence work until all the insurance specified hereunder has been obtained and certificates of such insurance have been filed with and accepted by Texas A&M University. Insurance coverage shall provide for a thirty-day notice of cancellation or material change to the policy coverage and/or limits and the certificate of insurance enforce must https://comptroller.texas.gov/purchasing/vendor/hub/forms.php?utm_source=chatgpt.com

Texas A&M University RFP-TAMU-26-5107 Page 11 of 15 include a notice that the policy or policies do contain these provisions. Acceptance of insurance certificates by Texas A&M University shall not relieve or decrease the liability of the vendor. Unless otherwise specified, the vendor shall provide and maintain, until the work included in this Request for Proposal is completed and accepted by Texas A&M University.

5.11.3 Certificates of insurance and additional insured endorsements as required by this Agreement must be submitted/emailed to the following Certificate Holder and/or Texas A&M contact:

Certificate Holder:

The Texas A&M University System

Address:

301 Tarrow St, 5th Floor College Station, TX 77845

Email Address: insurecert@tamu.edu mailto:insurecert@tamu.edu

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SECTION 6

EXECUTION OF OFFER

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted. Signing this proposal with a false statement constitutes a material breach of contract, rendering the submitted proposal or any resulting contract(s) void.

Additionally, the proposer may be excluded from participating in future solicitations.

6.1 Respondent Affirmation

• By signing below, the Respondent certifies and agrees that the Texas A&M University Standard Terms and Conditions, as referenced along with any other terms and conditions referenced herein, will fully govern and control in all aspects.

If proposer takes exception to any of the aforementioned terms and conditions, the exceptions must be included in a clearly identified separate section of the Respondent’s proposal. This section should specify the exact paragraph(s) of the terms and conditions where the exceptions occur. Any exceptions not included in this section will not be recognized in any resulting contract negotiations unless explicitly acknowledged in writing by Texas A&M.

Exceptions listed in the proposal may negatively impact the proposal evaluation criteria outlined in Section 3 or lead to the rejection of the offer.

6.2 Company Profile

The Respondent recognizes that in selecting a supplier, Texas A&M will rely, in part, on the answers provided in response to this Section 7.

Accordingly, Respondent warrants to the best of its knowledge that all responses are true, correct and complete. Texas A&M reserves the right to contact each and every reference listed below and shall be free from any liability to respondent for conducting such inquiry.

a. Number of Years in Business: _______

Type of Operation: Individual____ Partnership____ Corporation____ Government____

Number of Employees: ______(company wide) Number of Employees: ______(servicing location)

Annual Sales Volume: ______(company wide) Annual Sales Volume: ______(servicing location)

b. Provide any details of all past or pending litigation or claims filed against your company that would negatively impact your company’s performance under an agreement with Texas A&M.

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

6.3 Signature

Respondent shall provide their Federal Employer Identification Number (EIN), full vendor name, address and contact information in the spaces below.

The person signing the proposal response shall show title and/or authority to bind his/her firm in contract. Failure to sign manually or with electronic signature will disqualify the proposal response.

Federal EIN/Taxpayer ID#:

Respondent Company Name:

Authorized Signature:

Name (Typed/Printed):

Title:

Street:

City/State/Zip:

Telephone No.:

E-mail:

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT’S

PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET WILL RESULT IN THE REJECTION

OF YOUR PROPOSAL.

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SECTION 7

NON-COLLUSION AFFIDAVIT

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

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

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 TEXAS A&M, nor any employee, or person, whose salary is payable in whole or in part by TEXAS A&M, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature ____________________________________________

Respondent Name ____________________________________________

Date _______________________

Subscribed and sworn to before me this

__________ day of ________________, 2026.

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

___________________. My commission expires: __________________________

AFFIDAVIT MUST BE COMPLETED, SIGNED, NOTORIZED, AND RETURNED WITH

RESPONDENT’S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET MAY RESULT

IN THE REJECTION OF YOUR PROPOSAL.

Texas A&M University RFP-TAMU-26-5107 Page 14 of 15

Appendix A – Insurance Requirements

1. Vendor 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 Texas A&M.

By requiring such minimum insurance, the Texas A&M shall not be deemed or construed to have assessed the risk that may be applicable to Vendor under this Agreement. Vendor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. Vendor is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Texas A&M at least ten days before the effective date of the cancellation.

A. Worker’s Compensation

Worker’s compensation insurance with the following minimum limits of coverage:

Statutory Benefits (Coverage A) Statutory Employers Liability (Coverage B) $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit

Workers’ compensation policy must include under Item 3.A., on the information page of the workers’ compensation policy, the state in which work is to be performed for Texas A&M. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted.

B. Automobile Liability Insurance

Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 combined single limit of liability per accident for bodily injury and property damage.

C. Commercial General Liability Insurance

Commercial general liability insurance with the following minimum limits of coverage:

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products / Completed Operations $1,000,000 Personal / Advertising Injury $1,000,000 Damage to rented Premises $300,000 Medical Payments $5,000

The required commercial general liability policy must be issued on a form that insures Vendor or its subcontractors’ liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.

D. Excess/Umbrella Liability Insurance

Vendor shall maintain excess/umbrella liability insurance providing coverage in excess of all insurance required under this Agreement. Such coverage shall apply on a follow-form basis, or at a minimum, provide coverage no less broad than the underlying primary policies, including coverage for additional insureds where required. The policy shall be written with limits sufficient to ensure a combined total limit of not less than $5,000,000 per occurrence and in the aggregate, as applicable, for the underlying policies.

2. Vendor shall deliver to Texas A&M the evidence of insurance on a Texas Department of Insurance approved certificate form, Acord form, letter of self-insurance or its equivalent verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services and/or Services by Vendor under this Agreement. Vendor shall provide additional evidence of insurance on an approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal.

Texas A&M University RFP-TAMU-26-5107 Page 15 of 15

3. Commercial General Liability and Auto Liability policies must be endorsed to name the Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and its member institutions, universities, and agencies as additional insureds up to the actual liability limits of the policies maintained by Vendor. The commercial general liability additional insured endorsements must include on-going and completed operations. Commercial general liability and business auto liability policies must be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance upon request.

4. Vendor hereby waives any and all rights of subrogation against the Board of Regents, The Texas A&M University System and its member institutions, universities, and agencies. All insurance policies must be endorsed to provide a waiver of subrogation in favor of the Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and its member institutions, universities, and agencies. Vendor’s waiver under this Section shall apply regardless of whether Vendor has obtained the required waiver of subrogation endorsement from its insurer.

5. Vendor shall send written notice to Certificate Holder ten (10) days prior to the effective date of cancellation, material change, or non-renewal relating to any insurance policy required hereunder.

6. Vendor shall pay any deductible or self-insured retention for any loss.

7. Certificates of insurance and additional insured endorsements as required by this Agreement must be submitted/emailed to the following Certificate Holder and/or Texas A&M contact:

Certificate Holder:

The Texas A&M University System

Address:

301 Tarrow St, 5th Floor College Station, TX 77845

Email Address: insurecert@tamu.edu

8. The insurance coverage required by this Agreement must be kept in force until all services and/or Services have been fully performed and accepted by Texas A&M in writing.

9. Texas A&M reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

mailto:insurecert@tamu.edu