17-696-IT-26-O017 Solicitation.pdf

0Texas Department of Criminal Justice Response Cover Page

This form requests basic information about the Respondent and project and must be completed in its entirety, including the signature of the Authorized Representative.

SOLICITATION INFORMATION

Document Type: 2 Statutory Cite: Texas Government Code 2157.068

1) Solicitation Number: 696-IT-26-O017 2) Issue Date: 3) Deadline: November 9, 2026 October 9, 2026 3:00 p.m. CT

4) Contract Specialists: Janice Wooley (936) 437-3844 janice.wooley@tdcj.texas.gov (reference Section G.2.2) Naomi Cruz Anaya (936) 437-3389 naomi.cruzanaya@tdcj.texas.gov

5) Type of Solicitation: RFO-Request for Offer

6) Solicitation Description:

The Texas Department of Criminal Justice (TDCJ) requires a Contractor to provide Broadband Connectivity Continuation and Expansion (BCCE) Cabling Services and/or Internet Protocol (IP) Video Surveillance Systems (VSS), to include labor, materials, installation, maintenance, and warranty on facilities across Texas.

RESPONSE SUBMISSION

7) Submission Portal: https://tdcj.bonfirehub.com

* Reference Section L for complete submission instructions. LATE OR EMAILED RESPONSES WILL NOT BE ACCEPTED.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include street, city, county, state and 9–digit zip code):

10) Payee Name and Mailing Address, including 9–digit zip code (if different from above) (remittance address if not electing Direct Deposit):

11) Federal Tax ID No. (9–digit), State of Texas Comptroller Vendor ID Number (14–digit) or Social Security Number (9–digit):

12) Type of Entity (check all that apply):

Corporation (incorporated under the laws of the State of _____________) Partnership Individual Non–Profit Organization* Joint Venture

*If incorporated, provide 10–digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint Venture

Non–Profit Organization Corporation (registered for business in _________________ (country)

13) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

14) Amendments: Signed and submitted by the Respondent via Bonfire prior to the deadline.

RESPONDENT AUTHORITY AND SIGNATURE

15) Point of Contact Name: __________________________________ Title: __________________________

Email address: ____________________________________________ Telephone #: ___________________

16) Authorized Signature: Date:

NOTE: THIS PAGE WILL BE REPLACED AT TIME OF AWARD WITH THE CONTRACT AWARD PAGE.

696-IT-26-O017

SUMMARY OF KEY DATES

In compliance with Texas Government Code 2161.252, it has been determined there is a probability of subcontracting opportunities available for this Solicitation, and the completion of a Subcontracting Plan will be required for this Solicitation.

October 9, 2026 Issue Solicitation

October 15, 2026 10:00 a.m. CT Pre–Proposal Conference

October 19, 2026 October 20, 2026 October 21, 2026

10:00 a.m. CT 10:00 a.m. CT 10:00 a.m. CT

Duncan Unit, 1502 S 1st St., Diboll, TX 75941 Goree Unit, 7405 Highway 75 South, Huntsville, TX 77344 Holliday Unit, 295 IH-45 North, Huntsville, TX 77320

October 27, 2026 12:00 p.m. CT Deadline for Written Questions for Clarification to the Department

November 2, 2027 Last Date for Amendments

November 9, 2026 3:00 p.m. CT Deadline for the Department Receipt of Responses.

Late Responses will not be accepted.

March 1, 2027 Service Commencement Date

TABLE OF CONTENTS

Page

SUMMARY OF KEY DATES

SECTION A – CONTRACT DEFINITIONS

A.1 GENERAL DEFINITIONS

A.2 SERVICE SPECIFIC DEFINITIONS

A.3 ACRONYMS AND ABBREVIATIONS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions

B.2 RESERVED FOR FUTURE USE

B.3 ALLOWABLE COSTS

B.4 NON–ALLOWABLE COSTS

SECTION C – BCCE DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D – VSS DESCRIPTION/SPECIFICATION/WORK STATEMENT

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION BY STATE EMPLOYEES

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE, OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THIS CONTRACT

F.3 OPTION TO EXTEND SERVICES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST,

PROJECT MANAGER AND PROGRAM DIRECTOR

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Project Manager G.2.4 Program Director

G.3 INVOICE REQUIREMENTS

G.3.1 Retainage

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment G.4.3 Deductions for Unacceptable Compliance Standards G.4.4 Withholding of Payment G.4.5 Right to Offset

G.5 ANNUAL FINANCIAL DISCLOSURE REPORTS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS (IF APPLICABLE)

H.2.1 Insurance H.2.2 Historically Underutilized Business

H.3 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.4 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.5 BOOKS AND RECORDS

H.6 ORGANIZATIONAL AND NAME CHANGE

H.7 FREE EXERCISE OF RELIGION

H.8 DELAY OF SERVICES

H.9 SECURITY

H.10 UTILIZATION OF SERVICES

H.11 TRANSITION

H.12 USE OF CONTRACT BY OTHER STATE AGENCIES

H.13 NO LITIGATION

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement I.2.6 Termination Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKERS’ COMPENSATION/UNEMPLOYMENT INSURANCE –

INCLUDING INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON–DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS,

AS REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER

I.18 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE

OWNERSHIP)

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

I.22 REQUIRED COOPERATION IN LEGAL MATTERS

SECTION J – LIST OF EXHIBITS AND ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 RESERVED FOR FUTURE USE

K.2 FRANCHISE TAX REPRESENTATION

K.3 REPRESENTATIONS OF THE RESPONDENT

K.3.1 Organization and Qualification K.3.2 Authorization K.3.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.3.4 No Defaults Under Agreements K.3.5 Compliance with Laws K.3.6 Taxes K.3.7 Financial Statements K.3.8 No Adverse Change K.3.9 Disclosure K.3.10 No Collusion K.3.11 Disclosure of Interested Parties K.3.12 Felony Convictions K.3.13 Deceptive Trade Practices; Unfair Business Practices K.3.14 Notification

K.4 REPRESENTATIONS OF THE DEPARTMENT

K.4.1 Authorization K.4.2 No Violation of Agreements K.4.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO CONTRACTORS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE

SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES ...47

L.3 SIGNATURES ON RESPONSES SUBMITTED

L.4 RESPONSE ACCEPTANCE

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 RESPONSE PREPARATION INSTRUCTIONS

L.8 RESPONSE SUBMISSION FILES AND CONTENT

L.8.1 Response Cover Page L.8.2 Response Introduction L.8.3 Certifications L.8.4 Pricing Schedule and Budget Narrative L.8.5 Response to Each Requirement in the Statements of Work L.8.6 Texas Department of Criminal Justice Required Contract Clauses L.8.7 Subcontracting Plan L.8.8 Service Agreement (if applicable) L.8.9 Respondent’s Financial Statements L.8.10 Statement of Compliance with Sections E through K

L.9 PRE-PROPOSAL CONFERENCE

L.10 FACILITY TOURS

L.11 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

M.2.1 BCCE

M.2.2 VSS

M.3 EVALUATION CRITERIA

696-IT-26-O017 Section A

SECTION A – CONTRACT DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include the singular and plural versions:

A.1 GENERAL DEFINITIONS

Authorized Representative – the person designated in writing to act for and on behalf of a party of this Contract.

Base Period – the initial period of the Contract Term.

Biennium – any of the two–year periods beginning on September 1st and ending on August 31st of odd numbered years, which are used for budgetary purposes by the State of Texas.

Compliance Standards – Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Contract – the complete and final agreement between the Department and the Contractor, consisting of the Department’s Solicitation and all associated amendments; the successful Respondent’s Response, including any clarifications, written replies, and any best and final offer; and the executed Contract Award Page.

Contract Specialist – the Department employee responsible for non–technical administration of this Contract.

Contract Term – the duration of this Contract as specified in Section F.1, Contract Term.

Contractor – the individual, partnership, or corporation who performs Services under this Contract.

Day – calendar Days, unless otherwise specified.

Department – the Texas Department of Criminal Justice (TDCJ).

Department Policy – all written policies, procedures, standards, guidelines, directives, and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department applicable to providing the Services specified under this Contract.

Event of Default – any of the events of circumstances described in Section I.2, Default and Termination.

Fiscal Year – any of the one–year periods beginning September 1st and ending August 31st, which are used for annual budgetary purposes by the State of Texas.

Inmate – a person under supervision or custody of the Department.

Material Failure – the failure of a party to fulfill one or more obligations essential to achieving the purpose of this Contract.

Non–Appropriation – failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Payment – the amount(s) agreed to be paid by the Department to the Contractor for Services provided under this Contract.

PD – the TDCJ’s Personnel Directives.

Quarter – the periods that relate to the Department’s Fiscal Year, beginning September 1st, December 1st, March 1st, and June 1st.

Respondent – an individual or entity that submits a Response, including anyone acting on behalf of the individual or entity, such as an agent, employee, or representative.

Response – all proposal or offer documents submitted by a Respondent to this Solicitation.

Service – delivery of requirements in accordance with the terms and conditions of this Contract.

Service Commencement Date – the date on which the Contractor shall begin providing Services pursuant to this Contract.

Solicitation – this document requesting Responses from vendors to provide specified goods and Services.

TBCJ – The Texas Board of Criminal Justice.

Working Day – a weekday, unless it is a holiday observed by the Department.

A.2 SERVICE SPECIFIC DEFINITIONS

Acceptance – the act of the TDCJ PM by which the TDCJ assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the Contractor.

Aperture – F1.8 – F-number, focal ratio or focal length.

Artificial Intelligence (AI) – systems capable of: (A) perceiving an environment through data acquisition and processing and interpreting the derived information to take an action or actions or to imitate intelligent behavior given a specific goal; and (B) learning and adapting behavior by analyzing how the environment is affected by prior actions.

As-built Drawings –record the locations, sizes, and nature of concealed items such as structural elements, accessories, equipment, devices, plumbing lines, valves, mechanical equipment, and the like during construction. These records (with dimensions) form a permanent record for future reference.

Business Hours – Monday through Friday, 8:00 a.m. to 5:00 p.m. Central Time, except for State of Texas observed holidays. On holidays and Days for which skeleton crews are required, however, Services may be required.

Cat-6 – a standardized twisted pair cable for Ethernet and other network physical layers that is backward compatible with the Cat-5/5/e cable.

Compromised – when something is made vulnerable to attack or misuse by unauthorized access, revelation, or exposure; or impaired or diminished in function.

This may refer to an item that is weakened, damaged, or flawed.

Deliverable – a tangible item delivered to customers as an output of a project.

Designee – an individual appointed to carry out specific responsibilities or duties as outlined in this Contract.

Joint Photographic Experts Group (JPEG) – a commonly used format for compressing image files.

Key Staff Member/Key Personnel – The Contractor’s Project Manager, Customer Service Representative (if other than the Project Manager), and Team Leads for each of the major service areas described in the Statement of Work. Other Contractor staff may be designated as Key Staff Members by the Contractor or the Department.

NCIC – the National Crime Information Center, under the authority of the Federal Bureau of Investigation.

Performance Measures – standards used by the Contractor and the Department to determine the quality and acceptability of services to be acquired.

Program Director – the person designated by the Contractor responsible for delivering Services under this Contract.

Project Manager – the Department employee responsible for technical administration of this Contract.

Project Unit – the individual Department prison or correctional facility where Services are to be provided.

Quality – the extent to which a product or service conforms to the explicit requirements set forth in the Solicitation, and all applicable legal, regulatory, and industry standards, as determined by the Department.

Quality Assurance (QA) - refers to the systematic processes implemented by the Contractor to prevent nonconformities and ensure consistent compliance with these requirements.

Quality Control (QC) - refers to the activities undertaken by the Contractor to identify, document, and correct any nonconformities in Deliverables before submission to the Department.

Recovery Point Objective (RPO) – the amount of data the Department is willing to lose due to a disaster (natural, manmade, or IT security incident).

Recovery Time Objective (RTO) – the maximum amount of system application downtime the Department is willing to tolerate before it impacts the Department’s user or operational productivity.

Redundancy – the incorporation of backup components or systems to ensure continuous operation in the event of a primary component failure.

Resolution – the process and outcome of restoring the system, as defined in this Contract, to full operational capacity in accordance with specified performance standards, quality requirements, and applicable legal, regulatory, and industry standards.

Resolution Time – the period of time between the Contractor’s receipt of a formal service request from the Department and the completion of maintenance services that restore the affected systems to full operational capacity.

RJ45 – commonly used name for the 8P8C modular connector used in ethernet and other data links.

Security Incident – an occurrence that actually or imminently jeopardizes, without lawful authority, the confidentiality, integrity, or availability of information or an information system; or constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.

Stored Data/Information – any and all data, information, records, and media, regardless of source of origination or medium, financial transactions, and all other information, confidential or otherwise, however, obtained, maintained, recorded, retained, stored or archived through the cabling services. Stored Information is owned by and is the property of the Department.

Target Time Frame – the anticipated duration for completing each Project Unit, beginning five business days after notification.

T568B – method for wiring the eight-position RJ45 connector to connect any data terminating equipment to any data communications equipment.

TDCJ–ITD Directives – written policies, procedures, standards, guidelines, directives and manuals of the Information Technology Division, which are in effect or as may be amended from time to time which the Information Technology Division has referenced or has made available to the Contractor and with which the Contractor has an affirmative obligation to be and remain familiar.

TCIC – the Texas Crime Information Center, under the authority of the Texas Department of Public Safety.

Uninteruptible Power Supply (UPS) – a continual power system that provides automated backup electric power to a load when the input power source or main power fails.

User Acceptance Testing (UAT) – the last phase of the application testing process.

A.3 ACRONYMS AND ABBREVIATIONS

ACPI – Advanced Configuration and Power Interface

ACR – Accessibility Conformance Report

ANSI – American National Standards Institute

BCCE – Broadband Connectivity Continuation and Expansion

BICSI – Building Industry Consulting Service International

BPO – Blanket Purchase Order

BSMI – Bureau of Standards, Metrology and Inspection

CCTV – Closed-Circuit Television

CISPR - Comité International Spécial des Perturbations Radioélectriques; English:

International Special Committee on Radio Interference

CMOS – Complementary Metal-Oxide Semiconductor

COS – Class of Service

C-TICK – Australian Standard Format dB – Decibels

DCE – Data Communication Equipment

DDR3 – Double Data Rate Type 3

DiffServ – Differentiated Services

DIMM – Dual In-Line Memory Module

DIR – the State of Texas Department of Information Resources.

DTE – Data Terminating Equipment

ECC – Error Checking and Correction

EEPROM – Electrically Erasable Programmable Read-Only Memory

EIA – Electronics Industries Alliance

EMC/RF – Electromagnetic Compatibility / Radio Frequency

EMT – Electric Metallic Tubing

EN – European Standard

ER/TR – Equipment Room/Telecommunications Room

ETA – Electronics Technicians Association

ETSI – European Telecommunications Standards Institute

FOA – Fiber Optic Association

FPS – Frames per Second

GB – Gigabit

GBps – Gigabits Per Second

GHz – Gigahertz

GVRP – Generic VLAN Registration Protocol

HDD – Hard Disk Drive

HMI – Human Machine Interface

HR – Human Resources

Hz – Hertz

ICES-003 – Interference-Causing Equipment Standard

ICS – Infrastructure and Customer Support

ICS-VSTM – Infrastructure and Customer Support-Video Surveillance Technical Manager

ICT – Information and Communications Technology

IDF – Independent Distribution Frame

IEEE – Institute of Electrical and Electronics Engineers

IP – Internet Protocol

IR – Infrared

IRSP – Information Resources Security Program iSCSI – Internet Small Computer System Interface

ITD – the TDCJ Information Technology Division

ITD-NSM – Information Technology Division – Network Specialist Manager

LAN – Local Area Network

MAC – Media Access Control

MB – MegaBit

MDF – Main Distribution Frame

MDI & MDI-X – Multiple Document Interface

MiB – Mebibyte

MJPEG – Motion-JPEG/Motion Joint Photographic Experts Group

MP – Megapixel

MTBF – Mean Time Between Failures

NEC – National Electrical Code

NECA – National Electrical Contractors Association

NFC – Nonlinear Frequency Compression

NVR – Network Video Recorder

OCISO – the TDCJ Office of the Chief Information Security Officer

ONVIF – Open Network Video Interface Forum

OTDR – Optical Time Domain Reflectometer

PC – Personal Computer

PCR – Project Change Request

PLSM – Power Light Source Meter

PMBOK – Project Management Body of Knowledge Guide

PMI – Project Management Institute

PoE – Power over Ethernet

PTZ – Pan-Tilt-Zoom Camera

RAID – Redundant Array of Independence Disks

RMON1 – Remote Network Monitoring

RoHS – Restriction of Hazardous Substance Directive

RSTP – Rapid Spanning Tree Protocol

S/N Radio – Signal-to-Noise Ratio

SATA – Serial AT Attachment

SCS – Security Control Point Schedule

SCSI – Small Computer System Interface

SFP – Small Form-factor Pluggable

SLA – Service Level Agreement

SNMP – Simple Network Management Protocol

SoC – System-on-Chip

SOW – Statement/Scope of Work

TB – Terabyte

TBCJ – the Texas Board of Criminal Justice

TCP/IP – Transmission Control Protocol/Internet Protocol

TDCJ-PM – TDCJ Information Technology Division Project Manager

TFTP – Trivial File Transfer Protocol

TIA – Telecommunications Industry Association

ToS – Type of Service

UL – Underwriters Laboratory

UNB – Unbuffered

UPnP – Universal Plug and Play

UTP – Unshielded Twisted Pair

VAC – Voltage in Alternating Current

VCCI – Voluntary Control Council for Interface

VLAN – Virtual Local Area Network

VMS – Video Management System

VSER 2025 – Video Surveillance Equipment Replacement 2025 project

VSS – Video Surveillance System

VSTM – Video Surveillance Technical Manager

WAN – Wide Area Network

WDR – Wide Dynamic Range

WEEE – Waste from Electrical and Electronic Equipment

696-IT-26-O017 Section B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of this Contract, provide all necessary personnel, hardware, training, installation, maintenance, storage, materials, warranty, supplies, Services, and otherwise do all things necessary for, or incidental to, providing Broadband Connectivity Continuation and Expansion (BCCE) and/or Video Surveillance Systems (VSS).

B.1.2 Pricing Instructions

A. Respondents shall indicate the Services being offered:

_______ Broadband Connectivity _______ Video Surveillance Systems

B. Respondents shall complete the below Exhibits for evaluation purposes as applicable:

• Exhibit J.9, BCCE Cabling Pricing Sheet

• Exhibit J.14, VSS Pricing Sheet

C. After Contract award and upon notification to proceed with a Project Unit, the

Contractor shall provide an updated Pricing Sheet following the initial walk-through per the below Sections:

• Section C.5.2 for BCCE

• Section D.6.1.1 for VSS

D. Updated Pricing Sheets for Project Units will not require modifications to the Contract.

E. Respondents shall provide a detailed budget and budget narrative for providing the Services selected above, to include:

1. Products;

2. Storage;

3. Licensing;

4. Recurring Service costs to the Department;

5. Back–up data and recovery;

6. Scalability;

7. Upgrades;

8. Customizations and enhancements;

9. Third–party integration fees;

10. Compliance audits and certifications;

696-IT-26-O017 Section B

11. Training refreshers for system updates;

12. Service level agreements;

13. Exit strategy;

14. Data export or system decommissioning;

15. Consulting services; and

16. Usage analytics and reporting tools.

B.2 RESERVED FOR FUTURE USE

B.3 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policies, and federal cost standards. The Department shall make the final decision on the allowance or acceptability of a cost.

B.4 NON–ALLOWABLE COSTS

The proposed budget shall not include costs that are not allowed by the State or any authorized agency, statute, policy, or procedure. Types of non-allowable costs may include; but are not limited to, participation incentives, staff incentives, staff leave buy backs, alcoholic beverages, food or beverages for staff, volunteers or guests, entertainment costs for staff or guests, gifts, firearms, consultant fees, legal services, bad debts, fundraising, political lobbying, and tobacco products.

696-IT-26-O017 Section C

SECTION C – BCCE DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Exhibit J.8, BCCE Statement of Work for a detailed description of the Services to be performed.

696-IT-26-O017 Section D

SECTION D – VSS DESCRIPTION/SPECIFICATION/WORK STATEMENT

See Exhibit J.13, VSS Statement of Work for a detailed description of the Services to be performed.

696-IT-26-O017 Section E

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

A. The Department and other government regulatory agencies have the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term. The Department shall perform inspections in a manner that will not unduly interfere with the Contractor’s performance of Services.

The Contractor shall furnish, and shall require subcontractors to furnish, at no increase in the Contract price, all reasonable assistance for the safe and convenient performance of these duties.

B. From time to time the Department shall, subject to limitations provided by law with respect to rights of privacy, have the right to reasonably prompt access and to examine all records of the Contractor related specifically to the program, including financial records, employee records (including time and attendance records), and Client/Inmate records generated by the Contractor and its subcontractors in connection with the performance of this Contract.

C. If subject to the outcome of an audit or inspection, it is determined that the Contractor is in non–compliance with any provisions of this Contract, and/or that money is owed to the Department by the Contractor, then the Department may exercise its rights of recovery of money owed as authorized in Section G.4.4, Withholding of Payment of this Contract.

1. If any of the Services are non–compliant with the Contract requirements, as identified by the Department, the Contractor shall be notified with the notice describing the specific areas of non–compliance. The Contractor shall have a 20– Day period to file a written offer detailing corrective action(s) taken to address all items of non–compliance. The offer must include supporting documentation which verifies execution of corrective action(s) taken. Unless otherwise specified, or previously agreed to by the Department, the submission of a corrective action plan shall not be accepted as corrective action.

2. For all items of non–compliance satisfactorily resolved by agreement between the Contractor and the Department, no further action regarding such items shall be taken. Any areas of non–compliance shall be corrected within 20 Days or by the date of the Department approved extension.

3. If any of the Services are non–compliant with the Contract requirements, as identified by a government regulatory agency, the Contractor must resolve all items identified as non–compliant by the deadline established by the government regulatory agency.

E.2 INSPECTION BY STATE EMPLOYEES

A. The Contractor shall provide and maintain an inspection system, acceptable to the Department, covering work called for by this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Department during Contract performance, and for as long afterwards as this Contract requires (Section H.5, Books and Records).

B. The Contractor shall allow at all times employees/agents of the TBCJ, the Department, the Governor, members of the Legislature, and all other members of the Executive

696-IT-26-O017 Section E and Judicial Departments of the State, as well as any other persons designated by the Department, to monitor the delivery of Services.

E.3 MONITORING CRITERIA

A. The Department shall devise its own procedures for monitoring the Quality of the Contractor’s performance under this Contract, all Court Orders, and Department Policies.

B. The Contractor shall cooperate fully with the Department in obtaining the requisite information needed to complete such audits and to assess the Quality of the Contractor’s performance.

C. Monitoring may include, but is not limited to, document reviews and on-site audits conducted by Authorized Representatives of the Department. Such monitoring by the Department shall not relieve the Contractor of any of its obligations under this Contract.

D. The Program Specialist and other Department staff shall provide written findings regarding non-compliant conditions, processes, procedures, operations, or observations that could, if not addressed by the Contractor, become an item of non-compliance as described in Section E.1, Inspection of Services.

E.4 AUDITS BY OTHER AGENCIES

A. Upon receipt of audits or monitoring reports pertaining to the provision of Services under this Contract that are conducted by agencies or entities other than the Department, the Contractor shall provide copies thereof to the Department within 30 Days.

B. The Contractor shall provide the Department with copies of replies to audits and/or monitoring reports within seven Days of issuance. Audits or monitoring reports may include allegations or complaints involving these Services, or the Contractor and its employees (including consultants, independent contractors and their employees, agents, and volunteer workers).

C. The Contractor shall retain all original audits and monitoring reports conducted by other agencies for a minimum of seven years after the completion, conclusion, expiration, or termination of this Contract. The Contractor will grant access to all said audits and monitoring reports to the Department, State Auditor’s Office (SAO), and any federal governmental entity that has authority to review records due to federal funds being spent under this Contract.

E.5 FRAUD, WASTE, OR ABUSE

A. In accordance with Texas Government Code, Chapter 321, the SAO is authorized to investigate specific acts or allegations of impropriety, malfeasance or nonfeasance, in the obligation, expenditure, receipt or use of State funds.

B. If there is a reasonable cause to believe that fraud, waste, or abuse has occurred at the Department, it can be reported to the SAO by calling 1-800-892-8348 or at the SAO’s website at https://sao.texas.gov. It can also be reported to the TBCJ Office of the Inspector General at 1-866-372-8329, the TBCJ Office of the Independent Auditor at 936-437-7100, or Crime Stoppers at 1-800-832-8477.

696-IT-26-O017 Section F

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

The Contract Term will consist of an approximately six-month Base Period. This Contract may be renewed per Section F.2, Option to Renew This Contract, for one one-year Option Period:

Base Period March 1, 2026 through August 31, 2027

Option Period September 1, 2027, through August 31, 2028

F.2 OPTION TO RENEW THIS CONTRACT

A. The Department may, at its sole discretion, issue a unilateral modification to renew this Contract for the Option Period(s), provided the Department gives the Contractor a preliminary written notice of its intent to renew at least 60 Days before this Contract expires.

B. If a preliminary written notice has not been provided to the Contractor at least 60 Days before this contract expires, a modification to renew this Contract for the Option Period(s) may be mutually agreed to by both parties and executed in writing with the authorized signatures.

C. The preliminary notice does not commit the Department to the renewal period(s).

D. If the Department exercises this option, the renewal shall include this option provision.

E. The Department may exercise its option to renew Services for a potential Contract duration of approximately one year and six months.

F.3 OPTION TO EXTEND SERVICES

A. The Department may require continued performance of any Services within the limits and at the rates specified in this Contract for the purpose of re–advertising the Services, awarding a new contract, or transitioning to a new contract.

B. The Department may exercise this extension of Services for a maximum of six months.

C. Any extension made pursuant to this Section shall comply with the General Appropriations Act applicable to the Base Period of this Contract.

696-IT-26-O017 Section G

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contract Specialist will make their full text available.

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST,

PROJECT MANAGER AND PROGRAM DIRECTOR

G.2.1 Authorized Representative

A. In the case of the Contractor, its President or any Vice President, or designated senior management personnel, shall designate the Authorized Representative. The Contractor’s Authorized Representative may designate other persons to assist such Authorized Representative in the performance of certain obligations required by this Contract. Such designation must be in writing to the Department.

B. In the case of the Department, the Executive Director is hereby designated as its Authorized Representative and has authorized the Chief Financial Officer to act on his/her behalf on matters requiring signature approval of the Authorized Representative. The TDCJ–ITD Director has been authorized to act on behalf of the Executive Director on all matters pertaining to the Services in compliance with this Contract. The Department’s Authorized Representatives may designate other persons to assist such Authorized Representatives in the performance of certain obligations of this Contract.

C. At any time, any party may designate any person as its Authorized Representative by delivering to the other party a written designation signed, if on behalf of the Contractor, by its President or any Vice President, or designated senior management personnel, or if on behalf of the Department, by the Executive Director. Such designations shall remain effective until new written instruments are filed with, or such notice is given to the other party that such designations have been revoked.

D. The Department’s Authorized Representative (the Executive Director), or his/her designated representative, is the only person authorized to make or approve changes in any of the requirements of this Contract, and notwithstanding any clauses contained elsewhere in this Contract, the said authority remains solely with the Executive Director or his/her designated representative. In the event the Contractor makes any change at the direction of any person other than the Executive Director or his/her designated representative, the change will be considered to have been made without authority, and no adjustment will be made in the Contract price to cover any increase in cost incurred as a result thereof.

G.2.2 Contract Specialist

A. The Contract Specialist for administration of this Contract is to be determined.

B. The telephone number for the Contract Specialist is to be determined.

C. The email address for the Contract Specialist is to be determined.

D. The Contract Specialist is responsible for general administration of this Contract, negotiation of any changes, and final issuance of written changes/modifications to this

Contract. All requests by the Contractor to modify this Contract shall be made in writing to the Contract Specialist with a copy submitted to the Project Manager.

G.2.3 Project Manager

A. The Department’s Project Manager is not authorized to make any representations or commitments of any kind on behalf of the Department’s Authorized Representative as described in Section G.2.1, Authorized Representative.

B. The Project Manager does not have the authority to alter the Contractor’s obligations or to change specifications, cost(s), terms, or conditions.

C. If, as a result of technical discussions, it is desirable to modify Contract obligations or the statement of work, changes will be issued in writing and signed by the Executive Director or his/her Authorized Representative of the Department.

G.2.4 Program Director

The Contractor shall provide a Program Director for this Contract who shall be responsible for the overall management and coordination of this Contract and shall act as the central point of contact with the Department. The Program Director shall have full authority to act for the Contractor in the performance of the required Services. The Program Director or a designated representative shall meet with the Project Manager to discuss problems as they occur.

G.3 INVOICE REQUIREMENTS

A. The Contractor shall invoice the Department after each Deliverable for each Department Project Unit as listed in Exhibit J.10, BCCE Deliverables and Delivery Schedule, or Exhibit J.15, VSS Deliverables and Delivery Schedule. The Contractor may offer a prompt payment discount, for example, of 1%–15 Days (refer to the Prompt Payment Block on the Contract Award Page) if the Contractor desires expedited Payments. Prompt payment discounts and payment terms must be stated on each invoice.

B. Invoices will be processed in accordance with Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter F, Division I, Rule 20.487, Invoicing Standards.

1. A state agency must notify a Contractor of an error or disputed amount in an invoice submitted for Payment no later than the 21st Day after the agency received the invoice and shall include in such notice a detailed statement of the amount of the invoice which is disputed.

2. A state agency may request payment for an invoice from the Comptroller of Public Accounts (CPA) only after the state agency has:

a. Received, inspected, and accepted delivery of goods or services covered by the invoice; and

b. Received and accepted a complete and accurate invoice.

C. The Contractor’s invoice shall include the following information:

1. Name of business, remittance address, Payee Identification Number, and invoice date.

2. Contract number.

3. Description, prices, and quantities of Services rendered.

4. Prompt payment discount.

D. Services or expenditures submitted by the Contractor that cannot be verified will be disallowed for reimbursement. Illegible or incomplete documentation, which cannot be verified, will be disallowed for reimbursement.

E. Invoices shall be submitted via email to the TDCJ-PM for review and approval. Contact information will be provided upon award.

F. Successful testing of installations, Quality inspection by the ITD-NSM and passing testing reports are received and accepted by the TDCJ PM as described in Exhibit J.8, BCCE Statement of Work and Exhibit J.13, VSS Statement of Work. The TDCJ-PM shall notify the Contractor in writing upon acceptance of each Deliverable completion at each Department Project Unit.

G.3.1 Retainage

A. The Department shall retain not less than 5% of the amount of each Deliverable Payment until final completion and acceptance of all Services covered by this Contract at each Department Project Unit.

B. If the remaining balance of work is not fully completed or corrected and is less than the withheld retainage, such Payment shall be made under the terms and conditions governing final Payment and shall not constitute a waiver of claims. Final Payment shall be made after completion of Services by the Contractor in accordance with this Contract.

C. The Contractor shall submit a final written report that verifies all Service requirements have been met for each Project Unit. After the Department’s written agreement of Project Unit completion, the Contractor will invoice the Department for the retainage payment.

G.4 PAYMENTS

A. It is recommended that the Contractor receive Payments via Electronic Funds Transfer (EFT), also known as direct deposit.

B. Regardless as to whether direct deposit is chosen, upon Contract award the Contractor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W–9 Form to the following address:

Texas Department of Criminal Justice Attention: Accounts Payable P.O. Box 4018 Huntsville, Texas 77342–4018

C. If the Contractor has previously submitted a completed Vendor Maintenance Direct Deposit and Substitute W–9 Form to the Department for another separate contract, another form is not required to be submitted.

D. The form and instructions can be found at the following link on the TDCJ website:

https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html.

E. Partial Payments may be made when the amount of the invoice is sufficient, in the opinion of the Department, to justify processing the Payment.

G.4.1 Payment Adjustment

A. The Department may elect to deduct from its Contractor Payment, as specified in Section G.4.3, Deductions for Unacceptable Compliance Standards, any amount specified in Exhibit J.8, BCCE Statement of Work and Exhibit J.13, VSS Statement of Work or any money determined to be due as specified under Section E.1.C, Inspection of Services.

B. If it is determined the Contractor Payment is not adequate to cover the money due to the Department, then all Contractor Payments shall be withheld, and an invoice issued to the Contractor for the amount due.

C. The Contractor shall be responsible to pay the invoiced amount within 30 Days of receipt unless the Contractor and the Department mutually agree on an alternative Payment method.

G.4.2 Late Payment

Any amount owed to the Contractor more than one Day beyond the date such amount is due, as described in Section G.3, Invoice Requirements, hereof shall accrue interest each Day that such amount is not paid at the rate specified by Texas Government Code, Section 2251.025, provided, however, that this provision shall not excuse failure by the Department to make Payment in strict accordance with this Contract.

G.4.3 Deductions for Unacceptable Compliance Standards

A. Compliance Standards and deductions are listed in Exhibit J.8, BCCE Statement of Work, Section 12 and Exhibit J.13, VSS Statement of Work, Section 6.

B. The Contractor’s failure to meet the listed Compliance Standards shall result in a deduction to the Contractor Payment.

G.4.4 Withholding of Payment

A. The Department shall have the right to withhold the Contractor Payment until the failures described below have been corrected:

1. Failure to submit reports as required in the Contract.

2. Failure to respond to audit reports as required in Section E.1.C, Inspection of Services.

3. Failure to correct identified areas of non–compliance to the satisfaction of the Department within 20 Days upon receipt of written notification.

B. The Contractor agrees that the Department shall not pay interest to the Contractor for monies so withheld.

C. The Contractor Payment withheld shall be released upon the Department’s satisfaction that compliance has been achieved for 30 consecutive Days.

D. Except for disputed issues, such withholding of final Payment by the Department shall not exceed 120 Days from the date of Contract termination.

G.4.5 Right to Offset

In the event the Department determines that the Contractor owes money to the Department under any contract or purchase order, the Department, upon providing the Contractor with written notice of its intent to offset, shall have the right to withhold monies due to the Contractor with respect to this Contract or purchase order or with respect to any contract or purchase order with the Department and apply such monies to the money due to the Department.

G.5 ANNUAL FINANCIAL DISCLOSURE REPORTS

A. The Contractor shall have an annual audit performed by an independent Certified Public Accountant (CPA) and submit to the Contract Specialist the financial reports prepared according to Generally Accepted Accounting Principles and Auditing Standards (GAAP and GAAS) within 120 Days after the end of the Contractor’s fiscal year.

B. In the disclosure of its financial affairs, the Contractor agrees to allow the Department or its representative(s) access to all its corporate books, to cooperate in any audits thereof, and to provide the Department’s Contract Specialist with 1 and 2 below:

1. Consolidated financial statements such as are required by GAAP and GAAS of the Contractor and its affiliates for such year, setting forth in each case in comparative form, the corresponding figures for the preceding fiscal year, all in reasonable detail and certified by independent CPAs of recognized standing to the effect that said financial statements fairly present, except as specifically stated, the consolidated financial position and result of operations of the Contractor and its affiliates as of the end of the year for the year involved, and a statement signed by a senior accounting or financial officer of the Contractor that such officer has no knowledge, except as specifically stated, of the occurrence and continuance of an Event of Default or event which, with the time or the giving of notice or both, would constitute an Event of Default (as defined in Section I.2.1, Default by the Contractor) or, if such circumstance does exist, specifying the nature and extent thereof and the actions proposed to cure same; and

2. Copies of any “management letters” (as that term is understood pursuant to GAAP and GAAS) received by the Contractor following any such audits.

696-IT-26-O017 Section H

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

A. Prior to the approval of this Contract by the Department, the Contractor shall procure, pay for, and maintain the following insurance written by companies approved by the State of Texas and acceptable to the Department. It is recommended that coverage be with a company or companies having both, a Financial Strength Rating of “A” or better and Financial Size Category Class of “VII” or better from A.M. Best Company, Inc.

B. The insurance shall be evidenced by delivery to the Department of certificates of insurance executed by the insurer or its authorized agent stating coverage, limits, expiration dates and compliance with all applicable required provisions.

C. Upon request, the Department shall receive, without expense, copies of the policies and all endorsements. Copies and changes to the initial insurance policies, including extensions, renewals, cancellations, and revisions shall be submitted to the Contract Specialist within 30 Days of the effective date.

D. Subject to the Contractor’s right to maintain reasonable deductibles, the Contractor shall obtain and maintain in full force and effect for the duration of this Contract and any extension hereof, at the Contractor’s sole expense, insurance coverage in the following type(s) and amounts:

3. Workers' Compensation with statutory limits; Employers Liability with minimum limits for bodily injury:

a. By accident, $1,000,000 per accident; and

b. By disease, $1,000,000 per employee with a per policy aggregate of $1,000,000.

4. Commercial Automobile Liability Insurance covering owned, hired, and non– owned vehicles, with a minimum combined bodily injury (including death) and property damage limit of $1,000,000 per occurrence.

5. Commercial General Liability Insurance including, but not limited to, Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors, and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of $1,000,000 per occurrence, and $2,000,000 general aggregate.

a. Civil Rights Liability must be provided with the same liability limits. It may be included with the General Liability policy or written on a separate policy.

b. The Department shall be named as an additional insured by using endorsement CG2026 or broader.

6. Professional Liability (including Errors and Omissions) including coverage for the rendering of, or failure to render, professional services with minimum limits of $1,000,000 per occurrence, $3,000,000 annual aggregate.

7. Commercial Crime Insurance to cover losses from Employee Dishonesty with a minimum limit of $1,000,000 each occurrence endorsed to cover third party property. The Department must be a joint loss payee.

8. Cybersecurity Insurance to cover liability incurred by data security breaches, theft, dissemination, and/or use of personal or confidential information, with a limit of $2,000,000.00.

E. If the insurance described above is written on a claims–made form, coverage shall be continuous (by renewal or extended reporting period) for not less than 60 months following completion of this Contract and acceptance by the Department. Coverage, including any renewals, shall have the same retroactive date as the original policy applicable to this Contract.

H.1.1 Required Provisions

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, the following required provisions:

A. Name the Department and its officers, employees, and elected representatives as additional insured to all applicable coverages, except Workers’ Compensation and Professional Liability.

B. Waive subrogation against the Department, its officers, employees, and elected representatives for bodily injury (including death), property damage or any other loss, to all applicable coverages.

C. Provide that the Contractor’s insurance is the primary insurance regarding the Department, its officers, employees, and elected representatives.

D. Provide that all provisions of this Contract concerning liability, duty, and standard of care, together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

E. Ensure that all certificates of insurance identify the Service or product being provided and the name of the responsible party.

F. The Contractor, through an insurance agent licensed by the State of Texas, shall obtain all insurance coverage and an insurance company licensed to issue such coverage in this State shall provide such coverage. No “self–insurance” coverage shall be acceptable.

G. All insurance coverage obtained by the Contractor shall continue in full force and effect during the Contract Term.