1-302-26-210303 FY26 MFCU Firing Range RFP.pdf

Request for Proposal

302-26-210303

FY26 MFCU FIRING RANGE

Requisition Number: PR-018006

CLASS: 981 ITEM: 56

CLASS: 680 ITEM: 04

Posting Date: January 28, 2026

Office of the Attorney General State of Texas i

TABLE OF CONTENTS

1 INTRODUCTION

1.1 Introduction

1.2 Authority

2 OVERVIEW

2.1 Background

2.2 Scope of Work

3 DEFINITIONS

4 PROCUREMENT INFORMATION

4.1 Point of Contact Information

4.2 Schedule of Events

4.3 Questions

4.4 Addendum

4.5 Attachments and Forms

5 RESPONSE INSTRUCTIONS

5.1 Response Information

5.2 Response Submission

5.3 Response Contents

6 CONTRACT TERM

6.1 Initial Term and Renewal

6.2 Option to Extend

7 STATEMENT OF WORK

7.1 General Requirements

7.2 OAG Responsibilities

8 CONTRACT MANAGEMENT

8.1 Performance Management

8.2 Notices and Liaison

8.3 Contract Managers

8.4 Change Control

8.5 Cooperation with the OAG

8.6 Problem Resolution and Corrective Action Process

8.7 No Assignment by the Contractor

8.8 Reporting Fraud, Waste or Abuse

8.9 Dispute Resolution Process for C laims of Breach of Contract

9 INVOIC ING

9.1 Submitting Invoices

9.2 Required Information for Invoice

9.3 Invoice Schedule

9.4 Invoice Review

9.5 Bill ing at Contract Termination or Conclusion

10 AWARD

11 CONTRACT DOCUMENTS

12 PUBLIC INFORMATION ACT

13 TERMS AND CONDITIONS (SEE ATTACHMENT 1)

TABLE OF FIGURES

Table 1: Terms and Definitions Table 2: Schedule of Events Table 3: Attachments Table 4: Forms Table 5: Assumptions ii

Table 6: Exceptions Table 7: Proprietary or Confidential Information Table 8: Public Information Exceptions

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1 INTRODUCTION

1.1 Introduction

The Texas Office of the Attorney General (OAG) is committed to upholding the highest standards of public service by ensuring that its operations are efficient, effective, and responsive to the needs of the people of Texas. In pursuit of these goals, the OAG is issuing this Request for Proposals (RFP) to identify and engage qualified vendors who can deliver innovative and reliable solutions that align with our mission.

This solicitation is a critical step in our ongoing efforts to enhance the capabilities of our office, address emerging challenges, and ensure that we continue to serve the public with integrity and excellence.

Through this RFP, the OAG seeks to partner with vendors who share our commitment to quality and who can contribute to the success of our initiatives.

1.2 Authority

This procurement will be conducted in accordance with the State Purchasing and General Services Act (Title 10, Subtitle D, Chapters 2151 through 2176, Texas Government Code) and the rules of the Comptroller of Public Accounts Statewide Procurement Division (SPD) including, but not limited to, the procedures prescribed by the SPD.

2 OVERVIEW

2.1 Background

Firearms training is an essential component of law enforcement readiness, supporting public safety, officer competence, legal accountability, tactical effectiveness, and public trust. The use of a firearm is one of the most serious actions an officer may take in the line of duty, carrying life-and-death consequences and significant legal and ethical responsibility. Proper training ensures officers handle weapons with the highest level of care, make sound decisions under stress, and protect both themselves and the public. Regular training keeps marksmanship sharp and helps officers respond with control and precision in real-world encounters. It also promotes compliance with legal standards and reduces the risk of civil liability by reinforcing lawful, justified actions. Firearms training prepares officers to maintain individual readiness, operational safety, and coordination in enforcement operations while upholding discipline, accuracy, and control under pressure. Ultimately, it strengthens professionalism, accountability, and public confidence in law enforcement. The Medicaid Fraud Control Unit (MFCU) is a law enforcement division within the OAG that employs over one hundred commissioned Texas peace officers who conduct criminal investigations and enforcement operations across the state. As members of a law enforcement agency, MFCU officers are required to carry firearms and must be trained, qualified, and prepared for all responsibilities inherent in the lawful use of deadly force, including operational readiness, safety, and professional accountability.

Nearly all law enforcement agencies maintain their own dedicated firearms ranges to meet extensive training and qualification requirements and to ensure exclusive control over range safety, training conditions, and tactical scenarios. The OAG does not maintain such a facility and therefore must rely on private or commercial ranges, which often impose restrictions that limit the types of weapons permitted, disallow exclusive control during training, or prohibit tactical movement, obstacles, static vehicles, or other law enforcement-specif ic scenarios. Facilities that do provide this flexibility frequently lack essential amenities such as indoor ranges, covered outdoor ranges, tactical training areas, classroom space, or adequate restroom and support facilities. As a result, a contract is required to secure access to a range that can meet the operational needs of the MFCU and provide the controlled environment necessary for safe, compliant, and effective law enforcement training.

2.2 Scope of Work

To support the full spectrum of required firearms training, the selected facility must accommodate handgun, rifle, and shotgun instruction, as well as annual and periodic qualification and requalification courses. To sustain year-round readiness, it must offer both indoor and outdoor training environments that allow instruction and live-fire practice in all weather conditions, along with classroom space for https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2151&artSec=2151.002 https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2151&artSec=2151.002

302-26-210303 FY26 MFCU Firing Range RFP PAGE 2 OF 15 safety briefings, evaluations, instructor-led coursework, advanced firearms instruction, and armorer training. The facility must also provide a safe training area for limited tactical exercises involving obstacles, barriers, realistic movement, and the use of static vehicles or structures for scenario-based drills.

To ensure safety and consistency, the OAG must have exclusive control over the portion of the range used during training sessions, including authority over safety protocols, range rules, and target setup.

The facility must support secure storage and accountability for agency-issued ammunition and equipment and be able to host short-notice training events such as new-hire qualifications and policy-mandated remedial training. Adequate support amenities—such as restrooms, hydration access, and protection from the elements—are required to safely accommodate training groups during extended sessions. Finally, the facility should be located within 50 miles of Austin to allow convenient access by staff and the Professional Standards Unit for coordination, oversight, and documentation of training activities.

3 DEFINITIONS

When capitalized, the following terms have the meaning set forth below. All other terms have the meaning set forth in the Merriam Webster’s Collegiate Dictionary, Eleventh edition.

Table 1: Terms and Definitions

Term Definition

Addendum A modification of the RFP issued by the OAG.

BAFO Best and Final Offer

Bonfire Procurement platform utilized to collect and evaluate responses.

https://texasoag.bonfirehub.com/opportunities/210303

Business Day

The days (Monday through Friday) on which the OAG is open for business.

The OAG is closed for business on the scheduled holidays indicated below. If a scheduled holiday falls on a weekend, the holiday is generally not observed. The OAG Contract Manager or designee will communicate any variation from the standard holiday schedule as it becomes known.

Holiday When Observed New Year’s Day January 1 Martin Luther King, Jr. Day Third (3rd) Monday in January Presidents’ Day Third (3rd) Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First (1st) Monday in September Veterans’ Day November 11 Thanksgiving holidays Fourth (4th) Thursday & Friday in November Christmas holidays December 24, 25 and 26

Business Hours On Business Days, 7:00 a.m. to 6:00 p.m. Local Time

Contract Any contract resulting from this RFP, consisting of the Contract document(s) as described in Section 11, Contract Documents.

Contract Operations

A division within the OAG that provides support services for the lifecycle of a contract from solicitation development and contract award to contract management and wind-down.

Contractor The vendor(s) awarded the Contract(s) resulting from this RFP.

Contractor Agent(s)

Contractor’s officials, employees, agents, consultants, subcontractors, and representatives, and all other persons that perform Contract services on Contractor’s behalf https://texasoag.bonfirehub.com/opportunities/210303

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Term Definition

`2 Numbered and tracked correspondence regarding Contract-related issues

Deliverable An artifact or collection of artifacts and/or documents the Contractor is required to produce.

ESBD Electronic State Business Daily which is available online at http://www.txsmartbuy.com/esbd

Local Time Central standard time (CST) or central daylight time (CDT), as is then prevailing, in Austin, Texas

MFCU Medicaid Fraud Control Unit

OAG Office of the Attorney General

Point of Contact

(POC)

An individual who serves as a coordinator or focal point for information.

Product Owner A person who represents the OAG business stakeholders and, in collaboration with the Sprint Team, is responsible for defining project success. Product Owner acceptance of User Story and Acceptance Criteria indicates that the Sprint has met the Definition of Done.

Respondent Any individual, partnership, or corporation submitting a Response. Unless the Contract clearly indicates otherwise, all terms and conditions of this Contract that refer to Respondent apply with equal force to Contractor.

Response A Respondent’s submission to this RFP

RFP Request for Proposal – A formal document issued by the OAG to the market or vendor community requesting information or proposal for goods or services (this document)

4 PROCUREMENT INFORMATION

4.1 Point of Contact Information

Respondents must not contact OAG personnel concerning this RFP except as permitted by the Point of Contact listed in Bonfire.

General communications concerning this RFP will be distributed to the participating Respondents via https://texasoag.bonfirehub.com/opportunities/210303. Each participating Respondent is solely responsible for monitoring the OAG Bonfire portal and email for general OAG communications concerning this RFP.

Per Texas Government Code § 2155.083 and 34 Texas Administrative Code § 20.214, state agencies are required to post contract award notices on the Electronic State Business Daily (ESBD) for procurements exceeding $25,000; therefore, the official contract award notice will be posted to the ESBD. Participating Respondents are solely responsible for monitoring the ESBD for the status of the contract award and will not be contacted individually by the OAG.

4.2 Schedule of Events

The OAG reserves the right to change the dates shown below.

Table 2: Schedule of Events

Event Date/Time

Deadline for Submission of Questions February 3, 2026 10:00 a.m. Local Time Answers to Questions Posted February 2026

Deadline for Submission of Responses February 11, 2026 10:00 a.m. Local Time Expected OAG Evaluation of Responses February 2026 Expected Time Period for Discussions (if applicable) February 2026

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Event Date/Time

Expected Contract Award Date February 2026

4.3 Questions

Submit all questions regarding this solicitation via the following link:

https://texasoag.bonfirehub.com/opportunities/210303

The official answer to questions will be published in Bonfire via the following link:

https://texasoag.bonfirehub.com/opportunities/210303. Questions submitted will be posted verbatim and answered via Bonfire. All questions should, to the degree possible, cite the specific RFP section, paragraph and sentence number(s) to which the question refers. Respondents shall periodically check Bonfire for public questions and answers. Respondents must ensure they have read, understand, and consider the information as part of its response.

4.4 Addendum

Should an addition or correction become necessary after an RFP is issued, an Addendum relating the necessary information will be posted on the ESBD. Respondents are responsible for periodically checking the ESBD for addenda or additional information. Respondents must acknowledge the Addendum by returning the signature page of the Addendum with the Response.

4.5 Attachments and Forms

This RFP includes the following attachments and forms.

Table 3: Attachments

# Attachment

1 Agency Terms and Conditions

Table 4: Forms

# Form

A Respondent’s Execution of Proposal and Assurances (with Certification)

B Certification Regarding Lobbying C Respondent Information Form D Preference to Texas and United States Products and Texas Services

5 RESPONSE INSTRUCTIONS

5.1 Response Information

5.1.1 Response Irrevocability

Responses submitted in response to this RFP are irrevocable for 120 calendar days following the Deadline for Submission of Responses see RFP Section 4.2, Schedule of Events). This period may be extended at the OAG Procurement and Contract Operations Division Director’s request only by a Respondent’s written agreement.

5 .1.2 Costs Incurred

Respondents understand that issuance of this RFP in no way constitutes a commitment by the OAG to award a Contract or to pay any costs incurred by a Respondent in the preparation or submission of a Response to this RFP. The OAG is not liable for any costs incurred by a Respondent prior to issuance of or entering into a formal agreement, Contract, or PO. Costs of developing Responses, preparing for or participating in oral presentations and site visits, or any other similar expenses incurred by a Respondent are entirely the responsibility of the Respondent, and will not be reimbursed in any manner by the State of Texas.

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5 .1.3 OAG Rights

All submitted Responses become the property of the OAG. The OAG reserves the right to use any and all ideas presented in any Response to the RFP. Selection or rejection of any Response does not affect this right.

The rights of the OAG include, but are not limited to:

1. Cancelling the RFP at its sole discretion

2. Suspending the procurement process and issuance of RFP addenda

3. Rejecting, in whole or in part, any and all Responses received in response to this RFP

4. Waiving administrative deficiencies and/or minor technicalities in Responses received

5. Utilizing any and all ideas submitted in the Responses received

6. Directing any Respondent to submit Response modifications addressing subsequent RFP amendments

7. Eliminating any requirements that are not met by all Respondents upon notice to all parties submitting Responses

8. Making typographical corrections to Responses, with the concurrence of the Respondent

9. Changing computational errors with the written concurrence of the Respondent

10. Requesting Respondents to clarify their Responses and/or submit additional information pertaining to their Response

11. Making an award without:

a) Requesting clarification of Responses

b) Allowing modifications of the Responses

c) Discussing and/or negotiating the Responses

d) Requesting a BAFO

5.1.4 Ethics of the Competitive Process

To ensure the integrity of the competitive process, a Respondent may not directly or indirectly communicate any of the contents of its Response to:

• a competitor of the Respondent

• any other company, corporation, firm, partnership, individual, or related entities of the same parent company engaged in the same line of business as the Respondent

• a related entity of the Respondent engaged in the same line of business as the

Respondent

• any other party, other than the OAG POC or delegated Procurement representative.

This prohibition is in effect during the preparation of the Response and while the Response is pending with the OAG, including the negotiation and finalization of any resulting Contract. In this context, the term “related entities” includes, but is not limited to, affiliates, subsidiaries, associates, branches, and divisions. It does not include entities that may occasionally enter into teaming agreements with one another to provide services under a contract with a third party but otherwise have no legal relationship with each other. The Respondent may communicate with teaming partners, subcontractors, and other entities that are part of the Respondent’s offer as long as they are not part of another offer.

When a related entity of the Respondent (whether related at the time Responses are due or at any time thereafter) submits a competing Response, the OAG may require additional information to ensure each separate offer is independent.

Failure to provide or fully disclose all such information immediately upon any recognition of ethical violation(s) may, at OAG discretion, disqualify Respondent or result in the termination of any resulting Contract. RESPONDENT H AS AN ONGOING DUTY TO UPDATE AL L INFORMATION

INCL UDED IN ITS OFFER AT ANY TIME TH AT SUCH INFORMATION CH ANGES.

5.2 Response Submission

5.2.1 Response Delivery

Submit the Response via this link: https://texasoag.bonfirehub.com/opportunities/210303

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Submit the Response in Adobe Portable Document Format (*.pdf).

Submit the Pricing Form BT-67KO by uploading the completed form as an Excel Workbook (*.xlsx).

5 .2.2 Response Organization

The Response must be signed and contain a paginated table of contents corresponding to the following sections:

• Section 1: Company Qualifications

• Section 2: Solution

• Section 3: Assumptions and Exceptions

• Section 4: Proprietary or Confidential Information

• Section 5: Forms

• Section 6: Pricing

• Section 7: Optional Services

5.2.3 Timeliness of Response

To be eligible for consideration, Responses must be received by the OAG no later than the date and time specified in Section 4.2, Schedule of Events. Late Responses will not be considered under any circumstance.

The Respondent is solely responsible for allowing enough time for the timely receipt of the Response by the Sole Point of Contact.

5.3 Response Contents

5.3.1 Section 1: Company Qualif ications

5.3.1.1 Organizational Summary

The Respondent will submit a summary, of no more than five (5) pages, summarizing the Respondent organization's overall qualifications, licenses, accreditations, and experience to carry out a contract of this nature and scope. If more than five (5) pages are provided, only the first five (5) pages will be considered. In addition to the summary, provide the information below.

5 .3.2 Section 2: Solution

The Respondent shall provide a detailed description of facilities and capabilities to address each requirement listed in Section 7.1, General Requirements. This section of the response should be broken into 3 sections.

5 .3.2.1 Facility Amenities

Respondent shall provide a detailed overview of the facility or facilities that will be available for OAG use. Include details such as occupancy limits, number of lanes, and extent of customization available. Respondent shall provide an overview for facilities to meet each requirement in Section 7.1.1, Facility Amenities.

5 .3.2.2 Facility Use

Respondent shall provide any explanation of terms, usage limitations, or exclusions from the requirement in Section 7.1.2, Facility Use shall be addressed here. Respondent shall provide a process for advance notice for any of the training use cases.

5 .3.2.3 Ammunition and Storage

Respondent shall provide an overview of security and accountability procedures for storage of agency-issued equipment.

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5 .3.3 Section 3 Assumptions and Exceptions

The Respondent will explicitly set forth any assumptions regarding, or exceptions to, any part of this RFP, referencing the specific RFP section number (formats shown below). Any assumptions or exceptions may result in the Contract not being awarded to the Respondent.

Table 5: Assumptions

Section # Section Title Assumption

Assumptions may impact the scoring of the corresponding sections of the Response.

Table 6: Exceptions

Section # Section Title Exception Proposed Language

Exceptions may impact the scoring of the corresponding sections of the Response.

If there are no exceptions, the Respondent will explicitly state that the Respondent takes no exception to any part of this RFP.

If a Respondent does not take exception to, or make an assumption regarding, any requirement, term, or condition of this RFP in its Response, the Respondent will be deemed to have accepted such requirement, term, or condition as is. This applies to all parts of the RFP, including the terms and conditions set forth in Attachment 1 – Terms & Conditions.

5 .3.4 Section 4: Proprietary or Confidential Information

The Respondent shall explicitly identify in this section, using the format provided in Table 7:

Proprietary or Confidential Information, any proprietary or confidential information; see Section 12, Public Information Act. If there are no parts of the Response to the SOW that should be treated as proprietary or confidential, Respondents shall explicitly state.

Table 7: Proprietary or Confidential Information

Section # Section Title Page # Comment

5 .3.5 Section 5: Forms

5.3.5.1 The Respondent will include the forms described in Section 4.5, Attachments and Forms unless otherwise noted in this document.

5.3.5.2 In addition to the forms, the Respondent will provide proof of, or commitment for, the insurance coverage detailed in Attachment 1 – Terms & Conditions.

5 .3.6 Section 6: Pricing

Important: Pricing must be provided separately using Pricing Form BT-67KO on Bonfire.

The Respondent will complete and upload Pricing Form BT-67KO along with its Response. Do not include price information in any other portion of the Response

6 CONTRACT TERM

6.1 Initial Term and Renewal

The Contract will begin on March 1, 2026, and the initial term will end on February 28, 2027. The Contract may be renewed for four (4), optional, one (1) year term(s) with the first optional renewal term

302-26-210303 FY26 MFCU Firing Range RFP PAGE 8 OF 15 beginning on March 1, 2027, and concluding on February 29, 2028. The decision to renew the Contract will be at the sole and absolute discretion of the OAG. Such renewal(s) will be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination will be extended pursuant to this provision. By submission of a Response to this Request for Proposal (RFP), a Respondent agrees to be bound, for the initial term of the Contract and for any renewal term which the OAG may elect to exercise, to perform the within described services at the rates specified in the Contract.

6.2 Option to Extend

The Contractor agrees that the OAG may require continued performance, beyond the initial or any renewal Contract term, of any of the within described services at the rates specified in the Contract, for the purpose of awarding a contract and transitioning services to a new service provider without service disruption. Contractor agrees that the OAG may require continued performance for a series of thirty (30) calendar day increments. Such extension of services will be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination will be extended pursuant to this provision. During the Contract transition extensions, the Contractor will be compensated for services for as long as the Contractor is providing such services. Once a service is transitioned from the Contractor to a new service provider, payment to the Contractor will cease. The OAG may exercise this option upon thirty (30) calendar days’ written notice to the Contractor.

7 STATEMENT OF WORK

7.1 General Requirements

Requirements for this RFP are broken into three categories: facility amenities, facility access, and ammunition and storage.

7 .1.1 Facility Amenities

7.1.1.1 The Contractor shall provide a facility that meets the following requirements:

• A furnished indoor, air-conditioned classroom with space for up to 30 people.

• An indoor, air-conditioned shooting range with at least 8 lanes

• An outdoor shooting range with at least 8 lanes

• A rifle range

• A shotgun range

• An outdoor dynamic/tactical shooting range that allows for moving while shooting and the use of static vehicles on the range

• Indoor restrooms or outdoor restrooms with running water

7.1.1.2 The Contractor’s facility shall be located within 50 miles of Austin, Texas.

7 .1.2 Facility Use

7.1.2.1 The Contractor shall provide a facility for the following:

• Use of a classroom, range(s) for pistols, rifles, and shotguns, and outdoor dynamic/tactical range for up to 5 days of training for 10-15 people. The OAG shall have exclusive control over the portion of range(s) in use. This training may occur up to twice per calendar year.

• Use of a classroom, range(s) for pistols, rifles, and shotguns, and outdoor dynamic/tactical range for one day of training for 25-30 people. The OAG shall have exclusive control over the portion of range(s) in use. This training occurs once per calendar year in December.

• Exclusive use of a range for pistols, rifles, and shotguns over a 2-day period. The OAG shall have exclusive control over the portion of range(s) in use. This 2-day period will occur twice per calendar year, in the spring and the fall.

• Priority scheduled range access for MFCU personnel. This access is for individuals who must complete a qualification or mandated training, or additional training time. It will occur on an as-needed basis.

7.1.2.2 The Contractor shall work with the OAG on an agreed timeline for advance scheduling of the facility for any of the events mentioned in Section 7 STATEMENT OF WORK

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7.1.2.3 The Contractor shall provide a minimum of 48 hours' advance notice to the OAG of any known or planned scheduling conflicts or issues that prevent the OAG from using the facility for a previously scheduled event.

7.1.2.4 The Contractor shall notify to the OAG as soon as it is aware of any unknown scheduling conflicts or issues that prevent the OAG from using the facility for a previously scheduled event.

7.1.2.5 The Contractor shall provide the OAG with options for rescheduling events that are canceled due to known or unknown reasons.

7 .1.3 Ammunition and Storage

7.1.3.1 The Contractor must provide an option for short-term storage of agency-issued ammunition and equipment on site.

7.1.3.2 The Contractor shall provide, at the start of each term of the contract, 75,000 rounds of 9mm practice ammunition.

7.1.3.3 The Contractor shall store up to 150,000 rounds of practice ammunition on site.

7.2 OAG Responsibilities

The OAG is responsible for providing advance notice as detailed in the Solution put forth by the Contractor as described in RFP Section 5.3.2, “Section 2: Solution.”

The OAG will procure the services of instructors as needed for classes or training.

8 CONTRACT MANAGEMENT

8.1 Performance Management

It is the intent of the OAG to establish a good working relationship with the Contractor and to make a good faith effort to resolve problems identified by either the OAG or the Contractor. Notification of problems (or anticipated problems) by either the OAG or the Contractor must include sufficient details to resolve the problem and continue performance within the established timeframes.

The OAG, at its sole discretion, may reduce, waive, or otherwise alter any remedy, performance standard, performance monitoring process, or problem resolution and corrective action process.

8.2 Notices and Liaison

8.2.1 Written Notices Delivery

8.2.1.1 Any notice required or permitted to be given under this Contract by one (1) Party to the other Party will be in writing and will be addressed to the receiving Party at the address hereinafter specified. The notice will be deemed to have been given immediately if delivered in person to the recipient’s address hereinafter specified. It will be deemed to have been given on the date of certified receipt if placed in the United States mail, postage prepaid, by registered or certified mail with Return Receipt requested, addressed to the receiving Party at the address hereinafter specified.

8 .2.1.2 Contractor Address:

The address of the Contractor for all purposes under this Contract and for all notices hereunder will be designated at the time of Contract award.

8 .2.1.3 OAG Address:

The address of the OAG for all purposes under this Contract and for all notices hereunder will be designated at Contract award.

8 .2.2 Liaisons

The Contractor and the OAG each agree to maintain specifically identified liaison personnel for their mutual benefit during the term of the Contract. The liaison(s) named by the Contractor will serve as the initial Point(s) of Contact for any inquiries made pursuant to the Contract by the OAG and respond to any such inquiries by the OAG. The liaison(s) named by the OAG will serve as

302-26-210303 FY26 MFCU Firing Range RFP PAGE 10 OF 15 the initial Point(s) of Contact for any inquiries made pursuant to the Contract by the Contractor and respond to any such inquiries by the Contractor. The liaison(s) and their respective addresses will be named in writing at the time of the execution of the Contract. Subsequent changes in liaison personnel will be communicated by the respective Parties in writing.

8.3 Contract Managers

8.3.1 The OAG Contract Manager

The OAG will assign a Contract Manager to the Contract. Identification of the OAG Contract Manager and any changes to this assignment will be documented by Controlled Correspondence.

The OAG Contract Manager has the authority to:

• Sign Controlled Correspondence

• Serve as the day-to-day Point of Contact

• Coordinate quality control reviews

• Approve invoices

• Coordinate meetings with the Contractor

• Investigate complaints

The OAG Contract Manager will have no authority to agree to any Contract amendment or Pricing change.

8 .3.2 The Contractor’s Contract Manager

The Contractor will assign a Contract Manager to the Contract. Identification of the Contract Manager and any changes to this assignment will be documented and submitted to the OAG via Controlled Correspondence with fourteen (14) calendar day advance notification. The Contractor’s Contract Manager has the authority to:

• Make decisions regarding the Deliverables required by the Contract

• Sign Controlled Correspondence

• Serve as the day-to-day Point of Contact

• Coordinate quality control reviews

• Coordinate meetings with the OAG

• Investigate complaints

8.4 Change Control

The liaisons assigned at the time of the execution of the contract are the points of contact for any proposed changes to the contract after the time of execution. Changes will be implemented by OAG issuing a Purchase Order Change Notice, or by executing a signed contract amendment, whichever is most applicable.

8.5 Cooperation with the OAG

The Contractor must ensure that it cooperates with the OAG and other state or federal administrative agencies, at no charge to the OAG, for purposes relating to the administration of the Contract. The Contractor agrees to reasonably cooperate with and work with the OAG’s vendors, subcontractors, and third-party representatives as requested by the OAG.

8.6 Problem Resolution and Corrective Action Process

The Contractor and the OAG will agree to a plan and timeline for resolution of Contract performance issues. If all efforts between the Contractor and the OAG Contract Manager fail to resolve the problem within the stated timeline and to the OAG’s satisfaction, the OAG may escalate the problem to the Contractor’s management and OAG executive management. OAG executive management or representatives and the Contractor’s management will agree to a resolution. If the Contractor is aware that a problem exists and fails to report the problem to the OAG, the Contractor will continue to be responsible for meeting the goals and timeliness established in the Contract.

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8.7 No Assignment by the Contractor

The Contractor will not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the OAG. Notwithstanding anything to the contrary in the Texas Business Organizations Code or any other Texas or other state statute, a merger will not act to cause the assumption, by the surviving entity or entities, of the Contract and/or its associated rights and duties without the prior written approval of the OAG. The term “merger” as used in this section includes, without limitation, the combining of two (2) corporations into a single surviving corporation; the combining of two (2) existing corporations to form a third (3rd) newly created corporation; or the combining of a corporation with another form of business organization.

8.8 Reporting Fraud, Waste or Abuse

8.8.1 The Contractor must report any suspected incident of fraud, waste or abuse associated with the performance of the Contract to any one of the following listed entities:

• The OAG Contract Manager

• The Director for Procurement and Contract Operations

• The OAG Ethics Advisor

• The OAG’s Fraud, Waste and Abuse Prevention Program (“FWAPP”) Hotline (800-252-

8011) or the FWAPP email box (FWAPP@oag.texas.gov)

• The State Auditor’s Office hotline for fraud (1-800-892-8348)

8.8.2 The report of suspected misconduct will include (if known):

• The specific suspected misconduct

• The names of the individual(s)/entity(ies) involved

• The date(s)/location(s) of the alleged activity(ies)

• The names and all available contact information (phone numbers, addresses) of possible witnesses or other individuals who may have relevant information

• Any documents which tend to support the allegations

8.8.3 The words fraud, waste, or abuse as used in this section, have the following meanings:

• Fraud is the use of one’s position for obtaining personal benefit (including benefit for family/friends) through the deliberate misuse or misapplication of resources or assets.

• Waste is the extravagant, careless, or needless expenditure of funds or consumption of property that results from deficient practices, system controls, or decisions.

• Abuse is the misuse of one's position, title, or authority to obtain a personal benefit (including benefit for family/friends) or to attempt to damage someone else.

8.9 Dispute Resolution Process for Claims of Breach of Contract

8.9.1 The dispute resolution process provided for in Chapter 2260 of the Texas Government Code will be used, as further described herein, by the OAG and Contractor to attempt to resolve any claim for breach of Contract made by the Contractor.

8.9.2 A claim for breach of Contract that the Parties cannot resolve in the ordinary course of business will be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Texas Government Code. To initiate the process, the Contractor will submit written notice, as required by Subchapter B, to the Procurement and Contract Operations Director, Office of the Attorney General, P.O. Box 12548 (Mail Code 028) Austin, Texas 78711-2548. The notice will specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A copy of the notice will also be given to all other representatives of the Parties otherwise entitled to the notice. Compliance with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Texas Government Code.

8.9.3 The contested case process provided in Chapter 2260, Subchapter C, of the Texas Government Code is the sole and exclusive process for seeking a remedy for any and all alleged breaches of Contract by the OAG if the Parties are unable to resolve their disputes under the negotiation process.

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2260&artSec=

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8.9.4 Compliance with the contested case process is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Texas Civil Practices and Remedies Code. Neither the execution of the Contract by the OAG nor any other conduct of any representative of the OAG relating to the Contract will be considered a waiver of sovereign immunity to suit.

8.9.5 The submission, processing, and resolution of a claim for breach of Contract is governed by the published rules adopted by the OAG pursuant to Chapter 2260, as currently effective, hereafter enacted, or subsequently amended.

8.9.6 Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Contractor, in whole or in part.

9 INVOICING

The OAG shall not be liable for any services rendered or obligations incurred on behalf of the OAG by the Contractor before execution of the Contract.

All payments will be made in accordance with the Texas Prompt Payment Act (Texas Government Code, Chapter 2251).

9.1 Submitting Invoices

The Contractor must submit invoices and required documentation to the OAG Accounting Division at:

Accounts Payable Section Office of the Attorney General Accounting Division, Mail Code 003 P.O. Box 12548 Austin, TX 78711-2548 invoices@oag.texas.gov

9.2 Required Information for Invoice

Each invoice must include the following information:

• Contract Number

• Purchase Order Number

• Contractor’s:

o Name o Tax Identification Number o Address o Contact Phone Number o Description of goods delivered or services provided

• Copy of documentation confirming OAG acceptance of Services billed

9.3 Invoice Schedule

9.3.1 The Contractor will submit invoices as services are rendered. Invoices for scheduled events may be submitted within 30 days of the event.

9.4 Invoice Review

The OAG will review each invoice for Contract compliance and completeness. If the OAG determines that an invoice is not acceptable under the provisions of the Contract or is otherwise incomplete, the Contractor will correct any deficiencies before the OAG will process the invoice for payment.

The Contractor will provide additional information and/or documentation as the OAG may reasonably require. The Contractor will respond to an OAG request for additional information and/or documentation to support payment within five (5) calendar days of receipt.

https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.107&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2251&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.2251&artSec= mailto:invoices@oag.texas.gov

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9.5 Billing at Contract Termination or Conclusion

Upon termination of the Contract for any reason or conclusion of the Contract, and in the event remedies are pending or quality assurance measures are not complete, the Contractor will allow the OAG sufficient time to finalize all quality control issues. After all quality assurance issues have been resolved, the OAG shall notify the Contractor to invoice the OAG for the remaining balance due.

10 AWARD

The OAG may award Contracts to Respondents that offer the best value to the State and are in the State’s best interest, as determined using the evaluation factors described in this section.

An award may be made with or without:

1. Requesting clarifications of the Responses

2. Allowing modifications of the Responses

3. Discussing and/or negotiating the Responses with any of the Respondents

4. Requesting a BAFO

The OAG will review and score the Response against the following three (3) criteria to determine which Response offers the best value and is in the best interest of the State. The OAG will evaluate the Response against the following criteria and assign a grand total score for each Response based on a scale of 100% using the following percentages:

• Company Qualifications 10%

• Solution 50%

• Pricing 40%

Participating Respondents are solely responsible for monitoring the ESBD for the status of the contract award and will not be contacted individually by the OAG.

11 CONTRACT DOCUMENTS

The Contract will consist of the following documents, which are listed in the order of priority that will be given in the event of a conflict between the documents:

1. The OAG Contract

2. The provisions in this RFP, including its attachments, forms, exhibits, and any Addenda

3. The Contractor’s Response

The OAG may issue a Best and Final Offer Request (BAFO) for the RFP in its entirety or request a partial BAFO. If the OAG issues a request for a BAFO for the entire RFP, the BAFO request will supersede this entire RFP, and the Contractor’s BAFO Response will supersede its entire Response. If a partial BAFO is requested, then any components of the RFP modified during the BAFO and included in a BAFO request will supersede the same components included in the RFP. Equally, any components of the Contractor’s Response modified during the BAFO and included in a BAFO Response will supersede the same components included in the Contractor’s original Response.

No prior agreement or understanding, oral or otherwise, of the Parties or their agents will be valid or enforceable unless embodied in the applicable documents listed above.

The OAG may agree to amend or reject all or any part of such agreements if doing so would be in the State’s and the OAG’s best interest. The OAG will not sign form contracts. The OAG will not be bound by any Respondent’s limitation of liability.

12 PUBLIC INFORMATION ACT

As a state agency, the OAG will strictly adhere to the requirements of (a) Chapter 441, Subchapter L of the Texas Government Code regarding the preservation, management, and retention of state records and https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.441&artSec= https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.441&artSec=

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(b) Chapter 552 of the Texas Government Code (the Texas Public Information Act) regarding the disclosure of public information. As a result, by participating in this solicitation process the Respondent acknowledges that all information, documentation and other materials submitted in response to this RFP may (a) constitute state records for the purposes of Chapter 441, subchapter L of the Texas Government Code and (b) be subject to public disclosure under the Texas Public Information Act.

The OAG is without authority to agree that any information submitted will not be subject to disclosure.

Disclosure is governed by the Texas Public Information Act (the “Act”). Under the Act all information held by governmental bodies is open to public disclosure unless it falls within one (1) of the Act's specific exceptions to disclosure. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and other proprietary information. The OAG will have no liability to the Respondent or any other person or entity for disclosing information in accordance with the Act.

If it is necessary for a Respondent to include proprietary or otherwise confidential information in its Response, that proprietary or otherwise confidential information, documentation, or material must be clearly identified on each page upon which it appears and with written notice (in a table format as shown below) identifying the specific exception(s) to disclosure under the Act that the Respondent claims is/are applicable to such information, documentation, or material. Subchapter C of the Act sets forth the Act's exceptions to the required disclosure of information. Please note that claiming a disclosure exception for provided information does not automatically render such information confidential. Further, merely making a blanket claim that all of the submitted information is protected from disclosure because it contains some proprietary information is not acceptable and will not render the entire submission confidential. Any information which is not clearly identified as proprietary or confidential will be deemed to be subject to disclosure pursuant to the Act.

The Respondent will indicate, in a format similar to that of Table 8: Public Information Exceptions, which portions of their Response, by page number and/or section number, the Respondent believes would be an exception to disclosure.

Table 8: Public Information Exceptions

Page Number, Section Number Exception

In the event that the OAG receives a request under the Act for a copy of any information, documentation, or other material for which an exception to required disclosure under the Act is claimed, the OAG will undertake its best efforts to provide the Respondent with notice of the request for release of provided information and afford the Respondent the opportunity to brief the facts that bring the information under the applicable exceptions of the Act.

The Respondent will submit the brief to the Open Records Division of the OAG. The Open Records Division is the division within the OAG that parties seeking to withhold information under the Public Information Act must apply to for a decision on whether the information is excepted from disclosure. It is not possible to obtain a decision prior to a request for public disclosure being made since the Open Records Division does not render advisory opinions.

The OAG shall not have the obligation or duty to advocate the confidentiality of the Respondent’s material to the Open Records Division of the OAG or to any other person or entity. It is the Respondent’s sole obligation to advocate the confidential or proprietary nature of any information it provides in its Response, and the Respondent acknowledges that the Open Records Division of the OAG may determine that all or part of any claimed confidential or proprietary information should be disclosed.

As provided for in the Act, upon request from a member of the Legislature when needed for legislative purposes, the OAG may release the Respondent’s entire Response, including alleged confidential or proprietary information. Should the OAG award this solicitation to the Respondent, these provisions survive termination of the Contract.

Additionally, so that the OAG may contact the Respondent concerning any public information requests it receives for the Respondent’s Response, the Respondent will provide contact information to the OAG, including a phone number and email address for the named individual responsible for responding to https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.552&artSec=

302-26-210303 FY26 MFCU Firing Range RFP PAGE 15 OF 15 such inquiries. For more information on the Public Information Act’s processes and procedures, refer to Chapter 552, Texas Government Code.

13 TERMS AND CONDITIONS (SEE ATTACHMENT 1)

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.552&artSec=

5.3.6 Section 6: Pricing

7.2 OAG Responsibilities