ESBD_364589_1719320963374_SOLICI_405-24R0008706 .pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-24R008706

TYPE OF SOLICITATION

INVITATION FOR BIDS

DATE ISSUED

6/25/2024

STATEWIDE GENERATOR MAINTENANCE

Bidder must submit electronic responses no later than 5:00 P.M. Central Time on 7/16/2024 to the following email address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-24R0008706

DPS is not currently accepting any in-person solicitation responses. DPS will only accept electronic responses received by the date and time indicated in this solicitation document.

FOR INFORMATION CONTACT:

Heidi Davis, CTCD, CTCM

Contract Administrator

PHONE: (512) 424-5724

EMAIL: Heidi.Davis@dps.texas.gov

RESPONSE (Bidder must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

Bidder acknowledges receipt of solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF BIDDER:

RESPONSE DATE

EMAIL AND TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

By signing this document, Bidder represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Bidder must sign its response in the space indicated above. If Bidder does not sign its response, DPS will disqualify its response. Also, DPS may pursue and enforce any available remedies against the Bidder for making any false statement, including disqualifying the Bidder’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, AND FUNDING

The contract term commences on the effective date stated in the signing document, (or purchase order contract) and expires one (1) year from that effective date.

If necessary, at the end of the contract term, DPS reserves the right to extend continued performance of the Contract at rates specified within, by written notification to Contractor for no more than a six-month period, for the purpose of re-advertising, awarding a new Contract, or transitioning into a new Contract.

DPS will not allow changes after Date of Award to terms or pricing during either the Contract term. The continuation of the Contract for any period is subject to the availability of DPS’s funding source for the Contract.

mailto:Heidi.Davis@dps.texas.gov

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TABLE OF CONTENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 MANDATORY PRICING SCHEDULE

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 GENERAL REQUIREMENTS

C.3 TRANSITION

C.4 DPS PERSONNEL

C.5 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.6 INSURANCE REQUIRED UNDER THIS CONTRACT

C.7 CRIMINAL HISTORY BACKGROUND CHECK

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

D.1 RESPONSE PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

D.4 RESPONSE ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 DPS’s RIGHTS

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 DISCUSSION AND CORRESPONDENCE

D.9 BIDDER SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.10 AGENCY POSTING OF CONTRACTS

D.11 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

The following terms and acronyms used in this Contract have the meanings given in this section unless the context indicates otherwise.

“Bid” means the Bidder’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

“Bidder” means the individual, business entity, or organization that submits a response in reply to this solicitation with intent to contract with DPS.

“Business Day” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“Contract” means the formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business or other entity awarded this Contract. In the context of submitting a response, “Contractor” also means “Bidder” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“DPS” means the Department of Public Safety of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 411.

“Fiscal Year” means any of the one year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with DPS.

“Parties” means Contractor and DPS.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. Bidder must submit proposed pricing on the Mandatory Pricing Schedule that includes all costs, fees, licenses, and all expenses for Contractor’s delivery and performance of the commodities or services requested. The final contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

In the event that there is only one qualified Bid in response to this solicitation, DPS may, at its discretion, negotiate with Bidder.

B. Contractor must deliver and provide the commodities and services described in compliance with all requirements of the Contract on a no minimum, as needed, as requested basis. Notwithstanding anything else to the contrary in the Contract, DPS will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received approval from DPS’s Contract Monitor specifically stating that DPS accepts the commodities or services and Contractor is authorized to submit an invoice. If DPS does not accept the commodities or services, the Contract will involve no payments of any type for any amount.

C. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Tex. Gov’t Code § 2155.067. If a Bidder believes it can satisfy these specifications, it should bid its goods or services and explain how the specifications will be adequately met.

D. If bidding on specifications other than those stated within this solicitation, bid should show manufacturer, brand, or trade name, and other description of product offered. If other than brand specified is offered, then Bidder must include specifications, illustrations, and complete descriptions of product offered must be included with bid.

E. Unless otherwise specified, all items bid must be new and unused and of current production.

B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

A. Upon request, Bidder must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Bidder is submitting a response. This includes information Bidder believes is pertinent to

Page 5 of 25 Version 1.1, Template Approved 10/31/2022 demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. Evidence of financial stability include providing audited financial statements for each of the last two years of Bidder’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Bidder may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B is submitted the report must include Bidder’s Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Proposal, a Bidder may provide a statement regarding its financial stability and viability to perform under any resulting contract. If Bidder elects this approach rather than audited financial statements, the Bidder must submit a statement, with appropriate supporting documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Bidder must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Bidder or otherwise required by the then applicable DPS policies for similar contracts.

E. Selected Contractor must also submit to the Contract Administrator its financial rating information within 120 days after the end of Contractor’s fiscal year.

F. DPS reserves the right to investigate and determine the financial integrity and responsibility of a Bidder and to reject a response on the grounds of Bidder’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Bidder as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Bidder’s full and timely performance. DPS also reserves this same right throughout the life of the Contract, including before executing any optional renewal with Contractor.

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor’s billing for commodities or services rendered. DPS will pay Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

B. Contractor’s invoice must include the following: the Contract number, the remittance address, and any prompt discount offered. Contractor must email the invoice to the Contract Monitor listed in the Contract and to apinvoices@dps.texas.gov.

mailto:apinvoices@dps.texas.gov

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The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not email the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. DPS recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (74- 176).

B. Regardless as to whether Direct Deposit is chosen, Contractor must submit a completed Application for Texas Identification Number (AP-152) and Request for Taxpayer Identification Number and Certifications (W-9) Form with its bid submittal.

C. If Contractor has previously submitted a completed Direct Deposit Authorization Form and Request for Taxpayer Identification Number and Certifications Form to DPS for another separate contract, Contractor is not required to submit another form.

B.4 MANDATORY PRICING SCHEDULE

Bidder must submit its bid price within the Mandatory Pricing Schedule in this section, replicating, as necessary, in its exact format.

See the Mandatory Pricing Schedule Exhibit

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

The Department of Public Safety is seeking to perform a onetime inspection and service of generators located at specified locations across the State of Texas. After the services are performed the vendor will provide a report identifying any required repairs , including a cost estimate to repair on a site-by-site basis.

DPS reserves the right to award to multiple contractors.

C.2 GENERAL REQUIREMENTS

A. Bidders must submit a Pricing Breakdown worksheet exhibit and the Service Repair Rate worksheet exhibit with the bid response.

B. Contractor employees must wear either uniforms or appropriate clothing always identifying them as employees of the Contractor when working in DPS facilities. Shorts and/or muscle shirts are prohibited. Contractor personnel must always have a DPS supplied identification badge visible at all times when working in DPS facilities.

C. Contractor employees, vehicles, or equipment are prohibited from entering all unauthorized areas. To gain access, the Contract Monitor must grant approval.

D. Contractor will procure, at Contractor’s expense, all necessary and required licenses and permits necessary for the performance of this award. Contractor represents and warrants that the services provided under this award comply with all applicable federal health and safety standards, including but not limited to, the Occupational Safety and Health Administration (OSHA), and all Texas health and safety standards.

Each contractor must also possess a credential that lends credibility to the worker’s ability to demonstrate his or her technical competency. This may include but is not limited to factory training, certification, and/or a trade license.

E. The service mechanics must, upon entering and leaving the premises each day report to the Contract Monitor or his designated representative.

F. All work must meet or exceed standards set forth by the Uniform Mechanical Code, International Mechanical Code, and ordinances cited by Texas Department of Licensing and Regulation.

G. Following each service, the Contractor must email a copy of the delivery ticket to the Contract Monitor.

http://www.tdlr.state.tx.us/ http://www.tdlr.state.tx.us/

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H. The Contractor is responsible for immediately notifying local building staff of all deficiencies, damages, potential hazards, and other conditions or injuries that may occur. Contractor must adequately protect the work, DPS’s property, adjacent property, and the public. In the event of damage to facilities because of Contactor’s operation, the Contractor must subsequently repair or restore all services to the satisfactory approval of DPS’s Contract Monitor or his/her designated representative. Further, Contractor must engage any additional outside services, which may be necessary to facilitate repairs until services are restored. All costs involved in making repairs and restoring disrupted services must be at the expense of Contractor, and Contractor will be fully responsible for all claims resulting from the damage.

DPS’s Contract Monitor or his/her designated representative may elect to perform such repairs and deduct the cost of such repairs, replacement parts, and outside services from amounts due to Contractor.

Contractor will be responsible and liable for the safety, injury, and health of its working personnel while its personnel are performing work for DPS.

Unless otherwise specified in this Contract, DPS’s Standard Terms and Conditions, or exhibit the Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure this Contract’s proper performance and cover any potential liabilities with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DPS. The Contractor will provide evidence of insurance upon request by DPS.

I. The Contractor is responsible for ensuring that a sufficient number of employees have passed the required background check for each location to prevent a lapse in service if the primary contract employee is unavailable.

C.2.1 Service Descriptions

A. ATS Service: All ATS work will be performed by a factory authorized ATS representative.

All work will be based on the ATS manufacturer’s recommended steps for a service.

1. Perform a visual inspection of the Automatic Transfer Switch.

2. Perform an online check of the Automatic Transfer Switch, NO LOAD TRANSFER.

3. Perform an annual service of the automatic transfer switch (ATS).

4. Perform a triennial service of the ATS. Work will include a cleaning of the internal parts of the ATS, torquing of the connections and terminations, and a thermography scan of the unit.

5. Perform a live transfer & test of the Automatic Transfer Switch. This will need to be scheduled and coordinated with the Contract Monitor and building occupants. Work may have to be performed outside normal business hours.

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B. Generator Service:

1. Perform a general inspection of the generator, provide a report, and estimate for findings within five business days of performing the services.

2. Inspect the enclosure.

3. Replace all batteries on the generator.

4. Check battery cables and connections.

5. Inspect drive belts.

6. Inspect the coolant heater.

7. Check coolant lines and connections.

8. Check for oil leaks and inspect lubrication system hoses and connectors.

9. Check for fuel leaks and inspect fuel system hoses and connectors.

10. Inspect the exhaust system, muffler, and exhaust pipe.

11. Check and clean air cleaner units.

12. Inspect air induction piping and connections.

13. Inspect the DC electrical system, control panel, and accessories.

14. Inspect the AC wiring and accessories.

15. Change all oil and oil related filters.

16. Change all fuel filters.

17. Change all air filters.

18. Clean the crankcase breather.

19. Change spark plugs.

20. Check coolant concentration.

21. Change all thermostats.

22. Change all belts.

23. Change all coolant system hoses, air cooler hoses, intake hoses, intake hose adaptors, and hose clamps associated with the generators.

24. Flush the cooling system.

25. Change all fuel lines.

26. Change out any other belts, hoses, filters, and/or fluids not previously mentioned.

27. Contractor will provide basic weekly generator checking steps for onsite DPS personnel. This is just a basics on how to check the fluids, belts, hoses, and other items that should be looked at on a weekly basis. This training should be site-specific and geared to personnel not familiar with generators. Contractor will provide a video of this training for future reference.

C. Fuel Polish Service: Diesel and gas-fueled units only.

1. Fuel polishing - Fuel testing & reconditioning.

2. Remove water from the fuel tank.

3. Remove microbial growth from the fuel tank.

4. Remove sludge formation from the fuel tank.

5. Provide a fuel stabilizer/additive to the fuel tank.

6. Provide a winter stabilizer additive for the fuel tank to prevent gelling of the fuel. If service is performed during the warm months this will be left with the generator so

Page 10 of 25 Version 1.1, Template Approved 10/31/2022 it can be added once the winter months arrive. Contractor should provide enough at each generator to serve one full tank on the generator.

D. Load bank service:

1. Perform a two-hour load bank test and bring the generator to 100% load per industry standards.

E. Bid Alternatives for Generators:

1. Install a permanently mounted fuel polisher on the generator. Provide operational manuals and training for onsite staff on the use and function of the equipment. This training should be site-specific and geared to personnel not familiar with generators. Contractor will provide a video of this training for future reference.

Provide enough filters for 2 years of usage.

2. Contractor will provide manuals and photos of each generator and ATS. Manuals and photos must include a service and part manual for the generators and ATS’s (variance will be considered on older generators where those records do not exist.)

This includes part numbers, descriptions, and quantities. Contractor will provide a list of all items they replace as part of this service with brand, model, serial, and quantities (not limited to belts, hoses, filters, fluids….). Vendor will include 3 hard copies and a digital version. The digital version will include a photo library of the generator, ATS, equipment & parts. Photos must show the general area of the part and a closer view of the part.

3. Pressure wash or deep clean the generators to remove all dirt and built-up grease/grime. This includes the entire motor, generator, enclosure & radiator.

Contractor will be responsible for cleaning up or containing all potential environmental hazards from cleaning. On units located inside the building, the contractor will provide adequate ventilation to prevent fumes from cleaning agents from permeating the building.

F. Closeout Requirements:

Following each closeout, the Contractor must provide the following to the Contract Monitor within five business days of job completion.

1. Operational demonstration

2. Warranty documents

3. Service report of work performed.

4. Invoice for work performed.

5. Estimate for discrepancies and issues discovered during the service.

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C.2.2 Schedules

The contractor will, within 30 days of receipt of the purchase order, supply the DPS contract monitor with an inspection schedule. The contractor must adhere to the following response times for services and repairs.

A. Service agreement will have set response times for services and repairs.

1. Services will be scheduled a minimum of two weeks in advance.

2. Written estimates must be received within five business days once requested.

B. See the attached exhibit for the service schedule of the generators.

C.2.3 Contractor Cooperation

Contractor agrees to cooperate and coordinate its work with that of other Contractors retained by DPS. Upon discovery of an apparent conflict in the sequencing of work with another Contractor, Contractor must report the concern to the DPS’s Contract Monitor.

C.2.4 Performance Warranty

Contractor must guarantee all work included in the contract against any defects in workmanship. Any deficiencies that may become apparent within a period of one year after completion of work must be brought into code compliance, at no cost to DPS. The warranty period must commence upon the date of acceptance by DPS.

C.2.5 Material Warranty

All material furnished must be guaranteed by Contractor to comply with this contract and sufficient for the purpose intended, new, and free from defects. Materials furnished under this contract must be the latest improved product in current production, as offered to commercial trade, and must be of quality material. Used, shopworn, demonstrator, prototype, reconditioned, or discontinued products or materials are not acceptable.

C.2.6 Contractor Responsibilities

The Contractor forces must be required to remove and relocate the affected existing DPS site components or equipment deemed required to support the overall installation. Any equipment relocation will be done under the direction of the DPS Contract Monitor.

However, due to liability requirements, the Contractor may not store project equipment, materials, or other components without the consent of the affected DPS staff and holds the agency harmless for theft, material loss, or equipment damage from sources beyond the control of the agency.

All work must be done in a timely manner. Once the project has been awarded the successful Contractor will be expected to work from that day forward with a continuous effort to accomplish the service in a timely manner.

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C.2.7 Material Management

Delivered materials will be maintained and stored in an area as directed by the DPS representative and in accordance with the manufacturer’s requirements to maintain shelf life. MSDS safety data for all materials used as part of this project must be submitted to the TDPS representative if requested.

The Vendor will be responsible for the disposal of all materials and debris associated with this project. That disposal must be in accordance with local, state, and federal applicable standards and will be considered as part of this project.

C.2.8 Equipment and Supplies

The Contractor must maintain possession of all materials and equipment needed to fulfill the contract. DPS personnel will not be responsible for any shipments or storage of materials. It is solely the Contractor’s responsibility to warehouse, receive, and stage the materials and equipment.

Any repair parts must be placed on order within three business days of approval from the contract monitor.

Tools used for the installation must not be left unattended and are the responsibility of the Contractor to prevent unauthorized use or theft. DPS asks all Contractors or sub-contractors to use due diligence to ensure their tools, materials, and equipment are secure while working on this project. While DPS investigates any theft or vandalism, it will not be responsible for the replacement of any tools, materials, or equipment left un-secure while on DPS property.

C.2.9 Safety Zones

Pedestrian and vehicle safety zones will be maintained around work while in progress. Safe zone areas are to be clearly marked with barricade fencing to ensure separation of work zones from unauthorized access during and after regular business hours. Fire extinguishing equipment is to be available while any hot work is in progress. The Contractor will be required to provide special need safety barricades, cones, marking tape, or overhead protection to ensure the safety of the public pedestrian or vehicular traffic in and out of the facility area as required.

C.2.10 Contractor / Vendor Vehicles

Contractor vehicles used for transport of personnel or materials must be locked with the emergency brake set and the ignition key removed when left unattended. Parking must be located only in approved areas determined by the local building manager. DPS is not responsible for damage by others to Contractor or Personal vehicles left on the project site.

Any vehicle or equipment without an ignition key starter must be rendered inoperable if left overnight. In addition, any vehicle or large equipment with a common industrial type

Page 13 of 25 Version 1.1, Template Approved 10/31/2022 of ignition source must be rendered inoperable if left overnight. Security and safety of equipment must be the responsibility of the Vendor during work and after regular business hours. Items such as ladders must be removed and secured prohibiting unauthorized access to the facility.

C.3 TRANSITION

In the event that DPS awards a subsequent competitive solicitation to a new contractor or if DPS decides to perform the work itself, Contractor must work with DPS and any new contractor to smoothly and seamlessly transition the contract. Contractor will develop a transition plan upon request by DPS. DPS must approve the transition plan before implementation. DPS will not release the final invoice until Contractor returns all Work to

DPS.

C.4 DPS PERSONNEL

C.4.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of this Contract is Heidi Davis.

B. The telephone number for the Contract Administrator is 512-424-5724.

C. The email address is Heidi.Davis@dps.texas.gov.

The Contract Administrator is responsible for the general administration of this Contract, negotiation of any changes, and issuance of written amendments to this Contract.

If DPS and Contractor agree to amend the Contract, DPS will issue a written amendment signed by authorized signatories of the Parties.

C.4.2 DPS’s Contract Monitor

A. The Contract Monitor for this Contract is Christopher Mathews.

B. The telephone number for the Contract Monitor is 512-424-7260.

C. The email address is Christopher.Mathews@dps.texas.gov.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of DPS or the State of Texas.

C.5 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related mailto:Heidi.Davis@dps.texas.gov

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Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Tex. Admin. Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

B. Contractor must make a good faith effort to comply with all state HUB requirements under Tex. Gov’t Code Chapter 2161 and the administrative rules, as applicable.

Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

C. Vendor must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from DPS prior to making any modifications to its HSP.

D. Vendor must submit a complete HSP meeting the good faith effort and supported by the required forms with the response. Bidder’s response will considered non-responsive if the agency forms are not completed in full or are missing from Bidder’s original response.

E. Vendor must provide notice to all subcontractors of their selection as a subcontractor for this Contract. The notice will specify, at a minimum, DPS’s name, the name of the Contract Administrator, this Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of this Contract’s total value that the subcontract represents. A copy of the notice will be provided to the HUB Office no later than ten business days after the effective date of this Contract.

F. Contractor must submit to the HUB Office on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report (PAR).

C.6 INSURANCE REQUIRED UNDER THIS CONTRACT

Unless otherwise specified in this Contract, DPS’s Standard Terms and Conditions or any other exhibit or attachment Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure this Contract’s proper performance and cover any potential liabilities with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DPS. Contractor will provide evidence of insurance upon request by DPS.

If any policy is determined by DPS to be deficient and does not comply with the terms of this Contract, Contractor will secure such additional coverage as required by DPS, law, regulation, or customary practice. If coverage expires during the term of this Contract, Contractor must produce renewal certificates for each type of coverage.

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C.7 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by DPS at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS’s Contractor Background Information form (HR-22), which DPS will provide.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed DPS’s fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a DPS security clearance to work on the Contract. DPS has the right to prevent Contractor’s personnel from gaining access to DPS’s building(s) and computer systems if DPS determines that such personnel do not pass the background check or fail to otherwise maintain DPS security clearance.

C. When required, Contractor’s Project Manager will provide the following to DPS’s Contract Monitor within ten days of executing the Contract:

1. the completed Contractor Background Information form (HR-22) for all proposed personnel; and

2. acceptable fingerprints for all proposed personnel.

D. Throughout the term of the Contract, DPS may require Contractor personnel to submit to an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

E. Throughout the term of the Contract, Contractor will promptly notify DPS of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

D.1 RESPONSE PREPARATION INSTRUCTIONS

A. These instructions are designed to help ensure the Bidder submits all relevant information in its response.

B. Bidder must prepare its response in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for considering the response non-responsive.

D. Bids must use a sans serif 12-point font (such as Arial or Calibri) on an 8-1/2” x 11” format (except for graphic information being requested). Bidder’s response must be paginated, contain a full table of contents, and have component sections clearly identified by electronic bookmarks.

E. DPS must receive bids no later than the deadline established in this solicitation and submitted to the submission email listed on page 1.

F. Bidder must ensure that its response is clearly labeled.

G. Bidder must submit only material directly pertinent to the requirements of this solicitation. Extraneous narrative, elaborate brochures, uninformative public relations material, and other similar documents may not be submitted.

H. Bidder must submit all pertinent information directly within its response, information submitted as an internet link is considered non-responsive. Bidder must submit documentation or information within the response.

D.2 SOLICITATION ADDENDA

A. No later than the established solicitation deadline, Bidders must acknowledge receipt of all solicitation addenda by signing and returning the addenda, identifying the addenda number and date.

B. Bidder’s failure to timely acknowledge addenda may subject its Bid to rejection.

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

A. DPS will not consider any Bid received at the designated email address after the specified date and time.

B. Bidder cannot amend its Bid and DPS will not accept an amended Bid after closing date and time. If Bidder wants to amend its Bid, Bidder must amend prior to the closing date and time.

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C. Bidder must clearly identify any alterations made before closing time through its authorized representative.

D. No Bids can be withdrawn after closing date and time without approval by DPS. Should a Bidder, after closing time, request its Bid be withdrawn, Bidder must email the request to the Contract Administrator listed in the solicitation

E. DPS is not responsible for submissions delivered to DPS after the date and time stated on the first page of this solicitation. It is the Bidder’s responsibility to ensure that it submits, and that DPS receives, its complete Bid timely. DPS recommends that Bidder submit their complete Bid well in advance of the due date and time stated on the first page of this solicitation.

F. DPS takes no responsibility for electronic Bids that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any DPS anti-virus or other security software. Therefore, DPS recommends confirming receipt.

D.4 RESPONSE ACCEPTANCE PERIOD

A. All Bids will be valid for 180 days after the solicitation opening date and will constitute an irrevocable response to DPS for the 180-day period.

B. Such period may be extended beyond the 180 days upon mutual written agreement of both parties.

D.5 CONTRACT AWARD

DPS may award one or more Contracts resulting from this solicitation to a responsible Bidder whose Bid is best value under the evaluation criteria in this solicitation. Due to the number of line items, it is possible that there will be multiple Contracts awarded from this solicitation, but DPS will not award more than one Bidder (who is the best value) per line item.

D.6 DPS’S RIGHTS

A. DPS may:

1. reject any or all Bids if such action is in the public interest;

2. accept other than the lowest priced Bid; and

3. waive minor informalities and minor irregularities in Bids received.

B. Waiver of deviations in any Bid will not constitute a modification of this solicitation and will not preclude DPS from asserting all rights against the Bidder for failure to fully comply with all terms and conditions of this solicitation. Copyrighted Bids are unacceptable and are subject to being considered non-responsive. DPS reserves the right to make any corrections or include additional requirements in the resulting

Page 18 of 25 Version 1.1, Template Approved 10/31/2022 contract prior to issuance which are necessary for DPS’s compliance, as an agency of the State of Texas, with all state and federal requirements. DPS reserves the right to consider any Bid non-responsive which asserts any copyright on any DPS-created form which is specifically designated by this solicitation to be a form that will be completed and included in a Bid submitted in response to this solicitation.

C. DPS reserves the right to reject any one Bid or all Bids or portions of Bids submitted in response to this solicitation.

D. The submission of a Bid has the effect of waiving proprietary rights or confidentiality.

E. All Bids and any content provided by the Bidder are considered the property of DPS for use for the life of any resulting contract as determined by DPS with respect to the scope of the project.

F. DPS is not liable for any costs or damages that may be incurred by Bidders or prospective contractors in the preparation, formulation, or presentation of a Bid.

G. In case of ambiguity or lack of clarity, DPS may adopt such interpretations as may be advantageous to DPS.

H. DPS reserves the right to withdraw this solicitation at any time for any reason.

I. DPS reserves the right to award no contract and to solicit additional Bids at a later time.

J. DPS incurs no obligation regarding this solicitation unless and until a contract is fully executed by the parties. However, all Bids received by DPS will remain confidential until the evaluation process is complete.

K. DPS will not hold a public bid opening event.

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.7.1 Volume One – Required Contract Forms and Information

This section will contain the following completed contract sections with authorized representative original signatures, where applicable:

A. Solicitation, Page 1 (with any signed addenda);

B. Information and Certifications Form;

C. Financial Rating and Solvency Information, if applicable;

D. A Redacted Solicitation and Contract Bid, if applicable;

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E. Direct Deposit Authorization Form (74-176), completed if choosing direct deposit as a possible payment option;

F. Request for Taxpayer Identification Number and Certifications (W-9);

G. Application for Texas Identification Number (AP-152); and

H. Documentation from the appropriate state entity that indicates that Bidder is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts).

D.7.2 Volume Two – Information Bid Section

A. Cover Page: List name and address of Bidder, date of response, solicitation identifier, and signature of authorized official.

B. Introduction: Clear expression of who Bidder is, to include an outline of organizational capabilities, goals, project management process approach, business process management design, other previous accolades, and a listing of all subcontractors.

C. Information Sheet: Including all information required of Bidder and any subcontractors.

1. Name and address (including telephone number) of Bidder and all subcontractors.

2. Business form of Bidder and its subcontractors (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

5. A résumé of key personnel who will be providing services in any resulting contract, both Bidder and subcontractor employees. These résumés should include the percentage of time each person will dedicate to any resulting contract. The response will include key project personnel as follows:

i. Demonstrated experience in providing the services requested in this solicitation for each key project personnel.

ii. Résumés for key personnel assigned to any resulting contract will include: project management experience, supervisory experience, business process experience, application languages, hardware installation abilities, software upgrade experience, programming skills/abilities, data formats for each qualifying project.

1) Name

2) Title (current)

3) Education

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4) Experience related to projects the staff member was directly involved in:

5) Project(s) Scope:

a) Role

b) Related specific technical qualification experience

c) Start and completion dates (must include MM/DD/20YY)

d) Specific work to be performed or deliverables to be provided under the Contract.

D. Bidder must identify and provide in its bid a minimum of three references relating to past contracts or projects that are similar in size and scope. Bidder must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Bidder must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

E. Organizational, biographical, and Financial Rating information, if applicable, for Bidder and all third-parties and subcontractors proposed to fulfill service requirements.

F. Project Schedule and Plan: A plan detailing how Bidder will deliver the commodities and fully implement the services required in Section C.

G. Bidder must specifically address, within its response, the requests for information as detailed throughout this solicitation. Bidder is responsible for ensuring that all such information is included within its Bid.

H. Bidder is encouraged to provide a bid narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to clearly demonstrate Bidder’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments. Bidder must ensure that all material submitted should be directly pertinent to the requirements of this solicitation and will be formatted as to the specific requirement as delineated in this solicitation.

I. Business Continuity and Disaster Recovery Plan. Bidder must submit, with its response, descriptions of its business continuity and disaster recovery plan and processes. If DPS awards a Contract under this solicitation, Contractor must submit, within ten days from Contract award, its plans regarding how Bidder will protect DPS’s vital state records throughout the life of the Contract and for any record retention period required beyond the life of the Contract. The plans must include specific actions Contractor will take to meet DPS’s essential function recovery times and the related artifacts for the methodologies, tests, and exercises used to validate its business continuity and disaster recovery plan. DPS may reasonably require Contractor to amend its business continuity and

Page 21 of 25 Version 1.1, Template Approved 10/31/2022 disaster recovery plan (based on DPS’s dependence or necessity on the particular good or service).

J. Negotiations, Assumptions, and Exceptions. No assumptions should be included in a Bid. Instead, Bidder should seek to clarify a section of the Solicitation as needed through the question-and-answer process in Section D.8.

DPS cannot negotiate IFB terms or conditions and will disqualify any Bid with exceptions or assumptions under most circumstances. Instead of including exceptions, Bidders should request any desired modifications to the solicitation through the question-and-answer process in Section D.8. DPS cannot indemnify vendors under the Texas Constitution. Bidders should not request DPS or Customers to indemnify it.

D.7.3 Volume Three– HUB Subcontracting Plan (HSP)

Bidder must provide a completed HSP as required.

NOTE: Failure to submit the HUB Subcontracting Plan, if applicable, with the appropriate forms will subject Bidder’s response to rejection from further consideration.

D.7.4 Volume Four –Pricing Response

Bidder must provide its pricing in the Mandatory Pricing Schedule in the exact format noted.

D.8 DISCUSSION AND CORRESPONDENCE

A. Bidder must communicate and ask questions concerning this solicitation, including any of a technical nature, in writing only to the Contract Administrator listed on page 1 and in accordance with any required deadlines.

B. DPS will provide written responses to the questions.

C. Bidder should rely only on the written information provided in this manner. Bidder is specifically cautioned against relying on any oral information.

D. Bidder is specifically prohibited from making contact with any DPS personnel other than the Contract Administrator involved in this solicitation for discussing its responses. The only exception is if the Bidder has questions regarding proper completion of the HSP, the HUB coordinator listed on the HSP may be contacted with a copy to the Contract Administrator.

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E. The responsiveness of each bid will be evaluated upon the written instructions provided by throughout this solicitation and as described in Section E, Evaluation Criteria.

F. Unauthorized contact with DPS personnel by any Bidder may result in DPS considering Bidder’s bid non-responsive in its entirety.

D.9 BIDDER SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

DPS is a governmental body subject to the Texas Public Information Act (PIA), Tex. Gov’t Code Chapter 552. The response and other information submitted to DPS by Bidder are subject to release as public information by DPS. The response and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

If it is necessary for Bidder to include proprietary or otherwise confidential information in its response or other submitted information, Bidder must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket claim that the entire response is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire response subject to release under the PIA.

In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the response that are considered by Bidder to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by Bidder as proprietary or confidential will be deemed subject to disclosure under the PIA. Bidder will irrevocably deemed to have waived, and Bidder agrees to fully indemnify the State of Texas and DPS against any claim of infringement by DPS regarding the intellectual property rights of Bidder or any third party for any materials appearing in the response.

If Bidder’s Bid contains any information that Bid claims is confidential and not subject to release under the PIA, Bidder must prepare and deliver to DPS two copies of its bid containing the following information.

A. A complete copy of all of Bidder’s submissions under this solicitation. Bidder must mark this copy’s documents with “Complete Bid Documents, [Bidder’s Name], DPS SOLICITATION [SOLICITATION Number]. CONTAINS CONFIDENTIAL INFORMATION.”

B. A complete copy of all of Bidder’s submissions with all information claimed as confidential excised, blacked out, or otherwise redacted. This copy must also contain an Appendix, which contains clear references to all redacted information including a general description of the redacted information. Bidder must mark this copy’s documents with “For Public Release: Redacted Version of [Bidder’s Name], DPS SOLICITATION [SOLICITATION Number].”

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D.10 AGENCY POSTING OF CONTRACTS

After award, information, documentation, and other material in connection with this solicitation or this Contract may be subject to public disclosure under the Public Information Act.

D.11 ANTICIPATED SCHEDULE OF EVENTS

DPS currently anticipates that the selection of successful Bidder and award of this Contract, if any, will proceed according to the following schedule:

6/25/2024 Solicitation Posted to ESBD

7/5/2024 5:00 PM CT Last day to submit written questions for clarification to DPS

7/10/2024 5:00 PM CT Estimated date for DPS to post Question and Answer (Q&A) document to ESBD

7/16/2024 5:00 PM CT Deadline for DPS to receive Bids 7/24/2024 5:00 PM CT Anticipated date of Contract Award

DPS reserves the right, in its sole discretion, to change the above date(s). Notices of changes to items directly impacting the original solicitation process will be posted on the Electronic State Business Daily (ESBD) located at: http://www.txsmartbuy.com/esbd.

Bidder should check the ESBD frequently for updates. Bidder is solely responsible for verifying receipt of its questions, if applicable, and responding by the deadlines stated.