ESBD_366003_1719938062722_HHS0014514 - Certificate Paper Contingency.pdf

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Cecile E. Young, Executive Commissioner

Request for Proposals (RFP) for

Certificate Paper Contingency

RFP No. HHS0014514

Date of Release: July 2, 2024

Responses Due: August 1, 2024, by 10:30 a.m. Central Time

450-73 Security Seals

640-43 Packing Materials for Mailing and Shipping, Not Containers

915-58 Mailing Services: Addressing, Collating, Packaging, Sorting and Delivery

966-28 Engraved and Embossed Awards, Bonds, Certificates, Diplomas, Stationery, etc.

966-36 Forms Printing, Not Continuous

966-46 Intaglio Printing (e.g., The Process by Which U.S. Currency is Printed): Birth

Certificates, Car Titles, etc.

966-81 Security Paper, Custom Printed (Quan. Over 100,000)

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Contents Article I. Executive Summary, Definitions, and Authority

1.1 Introduction

1.2 Definitions

1.3 Authority

Article II. Scope of Work

2.1 Description of Services

2.1.1 Contingency Responsibilities

2.1.2 Certificate Security Paper Requirements

2.1.3 Compliance Requirement for Secure Printing Techniques

2.1.4 Industry Security Standards and Delivery

2.1.5 Security Printing Requirements

2.1.6 Certificate Paper and Printing Specifications for Single Sheet Documents

2.1.7 Heirloom Certificates Requirements

2.1.8 Physical Specimens

2.1.9 Other Responsibilities and Deliverables

2.1.10 Reporting Requirements

2.1.11 Performance Measures and Associated Remedies

2.2 Contract Award, Term, and Historical Compensation

2.2.1 Contract Award and Execution

2.2.2 Contract Term

2.2.3 Historical Compensation

2.2.4 Data Use Agreement and Security Privacy Inquiry

2.3 No Guarantee of Volume, Usage, or Compensation

2.4 Governmental Entities

Article III. Administrative Information

3.1 Schedule of Events

3.2 Ambiguity, Conflict, or Discrepancy

3.3 Inquiries

3.3.1 Sole Point of Contact

3.3.2 Prohibited Communication

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3.3.3 Exception to Sole Point of Contact

3.3.4 Solicitation Questions

3.4 HSP Training

3.4.1 Attendance

3.4.2 Conference Logistical Information

3.5 Solicitation Response Composition

3.5.1 General Information

3.5.2 Page Limit and Supporting Documentation

3.5.3 Discrepancies

3.5.4 Exceptions

3.5.5 Assumptions

3.5.6 Binding Offer

3.6 Solicitation Response Submission and Delivery

3.6.1 Deadline

3.6.2 Submission Option

3.6.3 Submission Checklist

3.6.4 Labeling and Delivery for USB Submission and Other Materials

3.6.5 Modifications and Withdrawals

Article IV. Solicitation Response Evaluation and Award Process

4.1 Conformance with State Law

4.2 Best Value Determination

4.2.1 Selection Methodology

4.2.2 Minimum Qualifications

4.2.3 Initial Compliance Screening

4.2.4 Written Solicitation Response Evaluation

4.2.5 Written Response Evaluation Criteria

4.2.6 Advancement Criteria

4.2.7 Interviews

4.2.8 Best and Final Offer (BAFO)

4.2.9 Final Written Response Score

4.2.10 Summary of Best Value Determination

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4.3 Questions or Requests for Clarification

Article V. Narrative

5.1 Narrative Proposal

5.1.1 Executive Summary

5.1.2 Relevant Experience

5.1.3 Set-Up Process

5.1.4 Project Work Plan

5.1.5 Key Staffing Profile

Article VI. Required Respondent Information

6.1 Company Information

6.1.1 Company Narrative

6.1.2 Company Profile

6.2 Franchise Tax – Right to Transact Business in Texas

6.3 References

6.4 Major Subcontractor Information

6.5 Affirmations and Certifications

6.6 Other Reports

6.6.1 Dun and Bradstreet Reports

6.6.2 Financial Statements and Financial Solvency

6.6.3 Alternate Report

6.7 Corporate Guarantee

6.8 HUB Subcontracting Plan

6.9 Secretary of State Certification

Article VII. Cost Proposal

7.1 Cost Proposal

Article VIII. General Terms and Conditions

8.1 General Conditions

8.1.1 Changes, Modifications, and Cancellation

8.1.2 Offer Period

8.1.3 Costs Incurred

8.1.4 Contract Responsibility

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8.1.5 Public Information Act - Respondent Requirements Regarding Disclosure

8.1.6 Respondent Waiver – Intellectual Property

8.1.7 Standards of Conduct for Vendors

8.1.8 Disclosure of Interested Parties

8.2 Insurance

8.2.1 Required Coverage

8.2.2 Alternative Insurability

8.3 Protest

Article IX. List of Exhibits

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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 INTRODUCTION

The DSHS Texas State Registrar is granted the authority to prepare and distribute certified copies of various records, including but not limited to birth records, death records, heirloom birth records and wedding anniversary certificates. DSHS is seeking a contingency contract to provide the security paper materials required for Vital Statistics Section (VSS) distribution of certified records.

HHSC PCS will administer the procurement process for this Solicitation, which includes RFP publication, handling of communications from vendors, as well as managing the receipt of Solicitation Responses for review and evaluation.

To be considered for award, a Respondent must execute Exhibit A, HHS Solicitation Affirmations Version 2.4 and provide all other required information and documentation as set forth in this Solicitation.

Information regarding HHSC or DSHS and its programs is available online and can currently be accessed at HHSC or DSHS at https://www.dshsdshsState.texas.gov

1.2 DEFINITIONS

Refer to Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions (UTC) – Vendor, Version 3.4, and Exhibit C, Health and Human Services (HHS) Additional Provisions, Version 1.0, for additional definitions.

As used in this Solicitation, unless a different definition is specified or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below:

“Addendum” means a written clarification or revision to this Solicitation issued by HHSC PCS and posted to the ESBD.

“Advancement Criteria” means the published criteria for Respondent to advance to the next phase of evaluation if multiple evaluation methods are utilized.

“Award Consideration (AC) Documents” means documents Respondent must submit as part of the Solicitation Response to be considered for negotiations or award.

“B6” means a single sheet of certificate paper that measures 8.5" X 11”.

“B7” means a single sheet of certificate paper that measures 8.5" X 14”.

https://www.dshs.texas.gov/

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“Competitive Range” has the same meaning as the definition under Title 1 of the Texas Administrative Code Part 15, Chapter 391, Subchapter A, Rule §391.107(3).

“Contract Term” means the period of time beginning with the commencement date or Effective Date of a Contract and ending when the Contract expires in accordance with its terms, or when it has been terminated.

“DSHS” means the Department of State Health Services.

“Effective Date” has the same meaning as the definition in Exhibit B, Health and Human Services (HHS) Uniform Terms and Conditions – Vendor, Version 3.4.

“ESBD” means the Electronic State Business Daily, the electronic marketplace where State of Texas bid opportunities over $25,000 are posted. The ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“Final Written Response Score” refers to the final scoring of the written response as documented in the Solicitation.

“HHSC” means the Health and Human Services Commission.

“HHSC PCS” means Procurement and Contracting Services (PCS), a division of HHSC.

“HUB” means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means written documentation regarding the use of subcontractors, which is required to be submitted with all responses to state agency contracts with an expected value of $100,000 or more where the state agency has determined subcontracting opportunities are probable. The HSP subsequently becomes a provision of the awarded Contract and shall be monitored for compliance by the state agency during the term of the Contract.

“Interview” refers to a secondary evaluation method following the evaluation of the written responses for the purpose of further distinguishing between the Solicitation Responses through verbal questioning of the Respondents aimed at clarifying their written response.

“Physical Specimen” means an example of a product or piece of work, regarded as typical of its class or group.

“Respondent” means the individual or entity responding to this Solicitation.

“Solicitation” means the document issued by the System Agency (including any published addenda, exhibits, and Attachments) under which the goods or Services provided under the Contract were initially requested, which is incorporated by reference for all purposes in its entirety.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=1&pt=15&ch=391&rl=107 http://www.txsmartbuy.com/esbd

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“Solicitation Consideration (SC) Documents” means documents that must be submitted by Respondent with the Solicitation Response in order to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the Schedule of Events has passed.

“State” means the State of Texas and its instrumentalities, including HHSC or DSHS, and any other state agency, its officers, employees, or authorized agents.

“State Registrar” means the director of DSHS VSS as defined in Texas Health and Safety Code Section 191.004.

“VPTS” means Vendor Performance Tracking System, as defined under Section 2262.055 of the Texas Government Code and Title 34 of the Texas Administrative Code Part 1, Chapter 20, Subchapter B, Division 2, Rule §20.115 and Subchapter F, Division 2, Rule §20.509.

"VSS" means Vital Statistics Section, the section collects and maintains vital records for the state of Texas which include, birth and death certificates, marriage applications and divorce records.

The section is primarily headquartered at the WD Carroll Building (Records Building) and the DSHS Warehouse.

1.3 AUTHORITY

HHSC on behalf of DSHS is soliciting the services listed herein under Texas Health and Safety Code, Chapter 191 Administration of Vital Statistics Records, Chapter 192 Birth Records, Chapter 193 Death Records, and Chapter 194 Marriage and Divorce Records.

DSHS is purchasing under the Texas Comptroller of Public Accounts’ authority provided by Texas Government Code Section 2155.061.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2262.htm#2262.055 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=115 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=509

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ARTICLE II. SCOPE OF WORK

2.1 DESCRIPTION OF SERVICES

The DSHS Texas State Registrar is granted the authority to prepare and distribute certified copies of various records, including but not limited to birth records, death records, heirloom birth records and wedding anniversary certificates. This includes criteria that ensure the integrity and security of the documents issued by DSHS Vital Statistics Section (VSS) and its designees. Contractor must meet the standards as outlined in Section 2.1.1, Contingency Responsibilities below in a situation in which the current Contractor cannot meet the existing Contract requirements as well as all other requirements listed in Article II. Scope of Work.

2.1.1 Contingency Responsibilities

Contractor will fulfill the contingency requirements identified below:

a. Furnish all labor, tools, transportation, equipment, materials, and supplies, as necessary to provide the security paper materials required for VSS distribution of certified records.

b. Will be responsible for supervision, clean-up, and disposal, and must have all applicable permits, licenses, and insurance coverage.

c. Must be ready to fulfill Contract obligations 60 days after Contract Effective Date.

d. Provide secure operations and materials to produce security paper and delivery service, upon notice issued by DSHS.

DSHS will notify Contractor upon initiation or activation of the contingency Contract and will specify the required service and timeframe.

In addition, HHSC or DSHS requires that each sheet or document of certificate paper meet the security specifications described under Texas Administrative Code, Title 25, Part 1, Chapter 181, Rule §181.28(c).

2.1.2 Certificate Security Paper Requirements

Contractor will fulfill the security paper requirements identified below:

a. Contractor must maintain compliance with North American Security Products Organization (NASPO) or Intergraf security printing requirements. In addition, Contractor must maintain one of the following US Government certifications throughout the length of the Contract:

1. ISO 9001:2015;

2. ISO 14298; and

3. ISO 14644-1.

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2.1.3 Compliance Requirement for Secure Printing Techniques

Contractor will fulfill the compliance requirements identified below:

a. Ensure that security printing techniques, such as engraved border, latent images, microprinting, rainbow printing, tactile printing, and copy evident techniques are utilized to prevent the unauthorized duplication and counterfeiting of documents.

b. Ensure strict security and safeguard against theft, destruction, or unauthorized intrusion onto the printing facility.

c. Will allow DSHS to oversee the destruction of printing plates in compliance with VSS policy, attached and incorporated therein as Exhibit L, Plate Creation- Destruction Policy and Procedures. This policy will be provided to the Contractor within 30 days of the Effective Date of the Contract.

d. Contractor will notify DSHS when printing plates have been created via email with the State Registrar, Director of Administration, or their designee.

2.1.4 Industry Security Standards and Delivery

Contractor will fulfill the security standards and delivery identified below:

a. Contractor must maintain strict industry security standards as appropriate to safeguard against theft, destruction, or unauthorized intrusion onto the printing plant premises.

b. Security must be maintained during the production of documents and until the documents have been successfully delivered to the State. State Registrar documents must be delivered to the VSS's physical address: 1100 West 49th Street, Mail Code 1966, Austin, Texas 78756.

c. All orders shipped will be by the most secure means possible with tracking to minimize the risk of theft. This may include but is not limited to truck, air freight, train, or any other alternative shipping method. Each shipment by truck or other common carrier must be locked and sealed at the printing facility. Only the receiving Registrar is permitted to remove the seal.

The carrier will be responsible for inside delivery of the entire shipment.

d. DSHS may refuse the order if the Goods are not to the specifications as ordered or if the Goods are damaged upon delivery. Damaged Goods must be replaced at no charge or shipping costs to the DSHS.

2.1.5 Security Printing Requirements

Contractor will fulfill the security printing requirements identified below:

a. Security paper must meet the minimum standards established by NASPO for substrate security and the minimum vulnerability resistance score for class one security documents.

https://www.naspo.org/

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b. Security paper must comply with the requirements listed in Texas Administrative Code, Title 25, Part 1, Chapter 181, Rule §181.28(c), which requires that each security paper contain the following security features for each sheet or document:

1. consecutive numbers;

2. background security features;

3. security printing techniques, such as engraved border, latent images, microprinting, rainbow printing, tactile printing, and copy evident;

4. sensitized security paper;

5. security inks, such as erasable inks, fluorescent inks, thermochromic inks, and color shifting inks; and

6. non-optical brightener paper.

c. Security paper must also comply with the following requirements:

1. The following statement must be centered on each form within the top edge of the engraved border and must include the words "STATE OF TEXAS," underneath this statement, the following word "CERTIFICATION OF VITAL RECORD," and centered at the bottom edge of the engraved border print the word "ANY

ALTERATION OR ERASURE VOIDS THIS CERTIFICATE."

2. The printed border must include latent image letters "V" to the left and "R" to the right, in positive negative treatment to appear on the certificate as part of the lathe work border and must appear only when viewed from a prescribed angle. The images cannot be photographed or copied by conventional printing processes.

3. A line of micro printing of the words "Vital Record" must be repeated to appear as a ruled line when viewed without magnification.

4. The seal of the "State of Texas" must be printed in special blue, fluorescent ink which will fluoresce under an ultraviolet light.

5. Overall prismatic under print must be printed with fluorescent erasure-sensitive oil-base ink with "VOID" feature to deter color reproduction and to render evident any attempts to alter by mechanical or chemical means.

6. The front of the forms (B6 and B7), except the heirloom flag, heirloom carriage and heirloom wedding anniversary certificates, must have the statement: "This is a true and correct copy of the record as registered in the state of Texas. Issued under the authority of Section 191.051, Health and Safety Code."; and a warning band

"WARNING: THIS DOCUMENT HAS A DARK BLUE BORDER AND A

COLORED BACKGROUND" along the bottom of the certificate above the border.

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7. The State Registrar paper must have the State of Texas seal printed in the lower left corner. The System Agency seal must be printed on the lower right corner.

8. Border ink must be blue in color.

9. Consecutive document control numbers must be printed using a bar code with human readable numbers on the front of the B6 and B7 certificates and on the back of the heirloom flag, heirloom carriage and heirloom wedding certificates. The bar code may contain a one-dimensional Code 39 that complies with ISO/International Electrotechnical Commission (IEC) 16388 standards and can be made up of a combination of alpha and numeric digits.

10. Contractor must guarantee that there are no missing or duplicate numbers. Any missing or duplicate numbers will be rejected.

11. Alphanumeric characters must be printed in black ink.

12. The starting document control number will consist of an alpha character followed by numbers and must be printed in sequential order and must begin with the next document control number in sequence that follows the previous document control number range of the previous order.

13. The Document Security Alliance (DSA) and VSS require contractors to comply with National Security Assurance standards (https://naspo.info).

14. The System Agency cannot accept printing plates or paper that is manufactured outside of North America. All printing facilities will be in North America unless authorized in writing by the State Registrar.

2.1.6 Certificate Paper and Printing Specifications for Single Sheet Documents

a. VSS issues two (2) types of certificates per the specifications below:

1. B6, 8.5" X 11", single sheets.

2. B7, 8.5" X 14", single sheets.

b. Paper description:

1. Certificate Paper will be:

A. Optically dead bond;

B. 28 1b. basis weight;

C. 005" thickness;

D. 94% opacity;

https://naspo.info/

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E. Surface coated to ensure laser toner adhesion;

F. Containing an overall multi-tone watermark with the words "OFFICIAL VITAL RECORD"; and

G. Containing the image of the U.S. flag randomly dispersed throughout the paper.

2. The paper will contain visible fibers of 2, and invisible fibers that will fluoresce blue under ultraviolet light.

3. The paper will contain reagents that will make it chemically reactive to oxidants, alcohols, and organic solvents.

c. A graphic feature will be incorporated into the document that will be printed with thermochromic ink at room temperature. The design will be visible and when heated to above 100 degrees Fahrenheit will appear colorless. The color will reappear when cooled.

DSHS will provide the specific graphic design to Contactor upon Effective Date of this Contract.

d. Offset printed documents with security thread must be acceptable for processing on electrostatic copying equipment, for processing on laser printers meeting the heat requirements of the printer, and for processing on microfilm readers/printers and include physical properties to accept and hold the recorded image.

e. The signature of the State Registrar, printed name and title, must be printed on the paper.

f. The word "ISSUED" will be printed on the left side under the certification statement.

g. DSHS will approve the proofs in writing before final documents are printed. All documents must conform to the wording and formatting established by State Registrar.

2.1.7 Heirloom Certificates Requirements

a. VSS issues three (3) types of heirloom certificates per the specifications below and Exhibit K, Physical Specimen:

1. Flag Heirloom Certificate – 14” x 11”, printed with the image of the “State of Texas flag” centered on the certificate.

2. Bassinet and Carriage Heirloom Certificate – 14” x 11”, printed with a bassinet and blanket centered on the certificate.

3. Wedding Anniversary Heirloom Certificate – 14” x 11”, printed with a bouquet of yellow roses centered on the certificate.

b. DSHS will approve the proof in writing before the final document is printed.

c. General Heirloom Measurement Specifications:

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1. Actual size of each heirloom certificate is 14” x 11”.

2. Print area is 4.5” from the top inside border with printing 1 3/8” from the left side; and printing 1 3/8” from the right side.

d. General Heirloom Printing Specifications:

1. Blue lithographic print: “STATE OF TEXAS” with “CERTIFICATION OF VITAL RECORD” printed below the statement. These statements are centered at the top of the certificate.

2. Blue lithographic printed inside the blue border, at the bottom left comer is a seal that reads, “THE STATE OF TEXAS.”

3. Blue lithographic printed inside the blue border, at the bottom right comer is a seal that reads, “DEPARTMENT OF STATE HEALTH SERVICES VITAL STATISTICS.”

4. Heirloom certificate document control numbers and bar codes are printed on the back side of the certificates in black ink.

e. Printing Specifications by Heirloom Certificate Type:

1. Flag Heirloom Birth Certificates:

A. The following statements: “Certificate of Birth” and “Native Texan” appear on the flag heirloom certificates;

B. Flag heirloom certificate features the image of the State of Texas flag printed on single sheet, 40 lb. white bond paper compatible with offset printing with preferred, but not required security thread;

C. Grade 1;

D. No optical brighteners;

E. No water mark; and

F. Document must be acceptable for processing on laser printer and include physical properties to accept and hold the laser printing.

2. Bassinet and Carriage Heirloom Birth Certificates:

A. The following statements: “Certificate of Birth” and “Native Texan” appear on the bassinet and carriage heirloom certificates.

B. Bassinet and carriage heirloom certificate features a bassinet and blanket printed on single sheet, forty (40) lb. white bond paper compatible with offset printing with preferred, but not required security thread;

C. Grade I;

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D. No optical brighteners;

E. No water mark; and

F. Document must be acceptable for processing on laser printer and include physical properties to accept and hold the laser printing.

3. Wedding Anniversary Heirloom Certificates:

A. At the bottom of the wedding anniversary certificate is the statement: “This certificate does not and may not be used to establish a marriage relationship. This certificate has been issued in accordance with Texas Health and Safety Code Section 194.005.”

B. The statement: “Heirloom Wedding Anniversary Certificate” is printed on the wedding anniversary heirloom certificate.

2.1.8 Physical Specimens

a. Physical Specimens provided by DSHS:

1. Upon request DSHS will provide one (1) voided Physical Specimen of every State issued certificate to include: B6; B7; Wedding Anniversary Heirloom Certificate;

Bassinet and Carriage Heirloom Birth Certificate; and Flag Heirloom Birth Certificate. Note: The requirements stated in the Scope of Work supersede the features observed in the Physical Specimens.

2. To request a Physical Specimen, Respondents must:

A. Submit request to the Sole Point of Contact as per Section 3.3.1 (Sole Point of Contact).

B. Include Respondent's Name and Shipping Address.

C. Refer to Section 3.1 (Schedule of Events) for a deadline to request voided Physical Specimens.

b. Respondent Physical Specimens:

1. Respondent shall submit three (3) different Physical Specimens. The physical specimens must contain at least three (3) of the security features identified in Section

2.1.5 a-b (Security Printing Requirements) above.

2. Respondent shall submit its own Physical Specimens to one (1) of the delivery addresses listed in Section 3.6.4 (Labeling and Delivery for USB Submission and Other Materials).

3. Respondent shall submit Physical Specimens by the Deadline to Submit Proposal listed

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4. Physical Specimens must be watermarked "Specimen" and will not be returned.

5. Respondent can submit any Physical Specimen as long it meets all the requirements of this Subsection (b), (Respondent Physical Specimens.)

2.1.9 Other Responsibilities and Deliverables

a. Delivery will be made within sixty (60) calendar days of receipt of written order or as agreed upon. Any changes to the above delivery timeline must be in writing through email, mail, or common carrier to the State Registrar.

b. Upon completion of the Contract, all State artwork and negatives will become the property of DSHS, and Contractor must return all artwork and negatives to DSHS. Final payment may be withheld until all artwork and negatives are received by DSHS.

c. Contractor grants DSHS the right to have representatives inspect the plant prior to the beginning of production, and at any time or times it may elect during the term of the Contract, to ascertain whether the vital records documents are being produced, shipped, and delivered in accordance with Contract requirements and that facilities are suitable, secure, and safe for storage of vital records documents, plates, and related material.

DSHS or the State Registrar will supply Contractor with the names of DSHS personnel authorized admittance to the facility.

d. Contractor shall provide an outlined process for creating intaglio plates, security paper shipments and set up for printing runs for the State Registrar.

e. Contractor shall allow DSHS to conduct a site visit thirty (30) business days after the Contract start date. DSHS will review Contractor's annual NASPO required security plan and conduct a walk-through to confirm that appropriate controls are in place.

2.1.10 Reporting Requirements

Upon award of the Contract, the System Agency, will notify Contractor of any reporting expectations and requirements.

a. Contractor will provide annual compliance reporting ensuring ongoing certification requirements.

b. Destruction of plates will be consistent with requirements set forth in plate destruction operating procedures.

2.1.11 Performance Measures and Associated Remedies

a. The System Agency will monitor the Contractor's ability to secure, print, and provide

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b. Contractor's failure to meet the above objectives may result in any of the following actions taken by HHS:

1. Temporary or permanent withholding of payments.

2. Reduction of funding commensurate with the failure to perform.

3. Demanding repayment of funds from Contractor.

4. Suspension or termination of this Contract.

5. Delay in Effective Date of a new Contract or Contract renewal.

2.2 CONTRACT AWARD, TERM, AND HISTORICAL COMPENSATION

2.2.1 Contract Award and Execution

HHSC or DSHS intends to award one contingency Contract as a result of this Solicitation. Any award is contingent upon approval of the HHSC or DSHS executive commissioner or their designee.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within ten (10) days of HHSC or DSHS’s determination to seek to contract with that Respondent, HHSC or DSHS may negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award this Solicitation.

2.2.2 Contract Term

The initial term of any Contract resulting from this Solicitation will begin on the date of Contract Effective Date and end on March 20, 2026, with no renewals.

Following the base term, HHSC or DSHS may extend any resulting Contract for a period of up to six (6) months beyond the term for the purpose of completing a new procurement, and/or to transition to a new vendor if necessary to avoid interruption in Services.

2.2.3 Historical Compensation

Historical Compensation under the existing certificate paper fee for Service contract, has been approximately $1,500,000.00 per fiscal year. The contingency Contract may be activated in the event the current Contractor cannot meet the existing Contract. Notwithstanding Section 2.2.3 (Historical Compensation), HHSC or DSHS reserves the right to adjust any projected amount based on state funding during the term of a resulting Contract.

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2.2.4 Data Use Agreement and Security Privacy Inquiry

By entering into a Contract with HHSC or DSHS as a result of this Solicitation, Respondent agrees to be bound by the terms of Exhibit D, Data Use Agreement (DUA), Version 8.5.

Respondents must complete and return with their Solicitation Response Exhibit D-1, Attachment 2 to the DUA, Security and Privacy Inquiry (SPI), Version 2.1.

2.3 NO GUARANTEE OF VOLUME, USAGE, OR COMPENSATION

HHSC or DSHS makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any awarded Contract, if any, resulting from this Solicitation. Any awarded Contract is subject to appropriations and the continuing availability of funds.

HHSC or DSHS reserves the right to cancel, make partial award, or decline to award a Contract under this Solicitation at any time at its sole discretion.

2.4 GOVERNMENTAL ENTITIES

If Respondent is responding to this Solicitation in its capacity as a governmental entity, certain terms and conditions found in this Solicitation, including all exhibits and attachments, may not be applicable. Furthermore, to the extent permitted by law, if a Solicitation Response is received from a governmental entity, HHSC or DSHS reserves the right to enter into an interagency or interlocal agreement with the governmental entity.

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Date of Release JULY 2, 2024

HSP Training Attendance is Optional but Highly Recommended

JULY 9, 2024, AT 2:00 p.m.

CENTRAL TIME

Deadline for Submitting Questions or Requests for Clarification

JULY 12, 2024, AT 5:00 p.m.

CENTRAL TIME

Deadline for Requesting Physical Specimens from DSHS JULY 15, 2024, AT 5:00 p.m.

CENTRAL TIME

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Tentative Date Responses to Questions or Requests for Clarification Posted on ESBD

JULY 19, 2024, AT 5:00 p.m.

CENTRAL TIME

Deadline for courtesy HSP review or mandatory HSP review, if applicable.

JULY 22, 2024, AT 5:00 p.m.

CENTRAL TIME

Deadline for Submission of Solicitation Responses [NOTE: Responses must be RECEIVED by HHSC by the deadline.]

AUGUST 1, 2024, AT 10:30 a.m.

CENTRAL TIME

Evaluation Period AUGUST 2024

Anticipated Notice of Award OCTOBER 2024

Anticipated Contract Start Date OCTOBER 2024

Respondents must submit their Solicitation Responses to HHSC in accordance with the due date and time indicated in this Schedule of Events or as changed via an Addendum posted to the ESBD.

NOTE: All dates are tentative and HHSC reserves the right to modify these dates at any time. At the sole discretion of HHSC, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, HHSC, at its sole discretion, may post updates regarding the anticipated award date to the Procurement Forecast on the HHS Procurement Opportunities web page. Each Respondent is responsible for checking the ESBD and Procurement Forecast for updates.

By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Contract that may result from this Solicitation.

3.2 AMBIGUITY, CONFLICT, OR DISCREPANCY

Respondent must notify the Section 3.3.1, Sole Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.3.4, Solicitation Questions.

Respondent submits a Solicitation Response at its own risk.

https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities https://hhs.texas.gov/doing-business-hhs/contracting-hhs/procurement-opportunities

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If Respondent fails to properly and timely notify the Sole Point of Contact (Section 3.3.1) of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation, Respondent, whether awarded a Contract or not:

a. Waives any claim of error or ambiguity in the Solicitation and any resulting Contract;

b. Must not contest the interpretation by HHSC or DSHS of such provision(s); and

c. Is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

3.3 INQUIRIES

3.3.1 Sole Point of Contact

All requests, questions, or other communication about this Solicitation shall be made in writing to HHSC PCS, addressed to the person listed below (Sole Point of Contact). Additionally, a phone number is provided for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation. Communications via telephone are not binding.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Respondents seeking to contact the Sole Point of Contact should do so via e-mail to receive updated contact information.

Name Rene Perez, CTCD, CTCM

Title PCS Purchaser

Address Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756

Phone 512/406-2634

Email rene.perez03@hhs.texas.gov

See also, Section 3.3.3 (Exception to Sole Point of Contact) below.

3.3.2 Prohibited Communication

Except as provided in Section 3.3.1, Sole Point of Contact and Section 3.3.3, Exception to Sole Point of Contact, potential Respondents and Respondents are prohibited from any communication with HHSC regarding the Solicitation. HHSC or DSHS, its representative(s), and partners will not mailto:rene.perez03@hhs.texas.gov

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Revision Date 09/12/2023 answer any questions or otherwise discuss the contents of this Solicitation with any potential Respondent or its representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondent shall rely only on written statements issued by or through HHSC or DSHS designated staff as provided by Section 3.3, Inquiries. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these restrictions may result in disqualification of Respondent's Solicitation Response.

3.3.3 Exception to Sole Point of Contact

Exceptions to Section 3.3.1, Sole Point of Contact are as follows:

a. Respondents with questions relating to the HUB Subcontracting Plan are permitted to direct those questions to the HUB coordinator at Isaiah.Wilczynski1@hhs.texas.gov.

b. Where it is expressly directed by the Sole Point of Contact that another designated HHSC representative may speak to the Respondent, such as during Contract negotiations.

Respondents are required to ensure that communications have been authorized by the Sole Point of Contact before engaging in such communication. Failure to comply with this requirement may result in the disqualification of a Respondent’s Solicitation Response.

3.3.4 Solicitation Questions

HHSC or DSHS will allow written questions and requests for clarification regarding this Solicitation. Questions must be submitted by e-mail to the Sole Point of Contact (Section 3.3.1) by the deadline established in Section 3.1, Schedule of Events. Responses to questions or other written requests for clarification will be consolidated and posted to the ESBD and will not be provided individually to requestors.

HHSC or DSHS reserves the right to amend answers previously posted, prior to the Solicitation response deadline Section 3.1, Schedule of Events. Amended answers will be posted on the ESBD. It is the Respondent's responsibility to check the ESBD. HHSC or DSHS also reserves the right to provide a single consolidated response to all similar questions at the agency’s sole discretion.

a. All questions and requests for clarification must include the following information:

1. Solicitation number;

2. Solicitation package reference (page number, section, and exhibit or attachment, if applicable;

3. Question topic (e.g., “Schedule of Events,” or “Exhibit I – Cost Proposal”); and

4. Question for HHSC or DSHS.

mailto:Isaiah.Wilczynski1@hhs.texas.gov

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b. Requestor contact information below must be included in the body of the e-mail and submitted with the question(s):

1. Company name;

2. Company representative name;

3. Phone number; and

4. E-Mail address.

Questions or requests for clarification received after the deadline in Section 3.1, Schedule of Events, may be reviewed by HHSC or DSHS but may not be answered. Only answers to questions submitted to the Sole Point of Contact in writing, in accordance with this section, are binding.

3.4 HSP TRAINING

3.4.1 Attendance

HHSC PCS will conduct a HSP Training. Attendance is optional but highly recommended.

3.4.2 Conference Logistical Information

HHSC PCS will hold the HSP Training webinar on the date and time set out in Section 3.1, Schedule of Events.

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact the Sole Point of Contact identified in Section 3.3.1, Sole Point of Contact, at least seventy-two (72) hours before the meeting to have reasonable accommodations made by HHSC.

Webinar Information:

https://attendee.gotowebinar.com/register/1399452240766528598d

1-631-992-3221

At prompt enter passcode: 434-087-342

3.5 SOLICITATION RESPONSE COMPOSITION

3.5.1 General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration Section 3.6.3, Submission Checklist. Respondent shall prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, https://attendee.gotowebinar.com/register/1399452240766528598

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Revision Date 09/12/2023 promotional materials, etc. are not necessary or desired. Respondent should focus on the instructions and requirements of the Solicitation.

3.5.2 Page Limit and Supporting Documentation

The narrative/technical proposal should not exceed one hundred (100) pages and should be formatted for 8 ½" x 11" paper with 1-inch margins and typed in Times New Roman, 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

3.5.3 Discrepancies

In the event of any discrepancies or variations between copies, HHSC or DSHS is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an “Original” Solicitation Response but fails to do so, HHSC or DSHS, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response. If the Respondent submits a redacted Solicitation Response as the “Original,” HHSC or DSHS will disqualify the Solicitation Response and it will not be evaluated.

HHSC or DSHS will not accept submissions after the “Deadline for Submission of Solicitation Responses” in Section 3.1, Schedule of Events to remedy discrepancies or variations in Solicitation Response submissions.

3.5.4 Exceptions

Respondents are highly encouraged, in lieu of including exceptions in their Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 3.3.4, Solicitation Questions.

Any exception included in a Solicitation Response may result in a Respondent not being awarded a Contract. If a Respondent includes exceptions in its Solicitation Response, Respondent is required to use the Exceptions Form included as Exhibit E to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Exhibit E may be rejected without consideration.

No exception, nor any other term, condition, or provision in a Solicitation Response that differs, varies from, or contradicts this Solicitation will be part of any Contract resulting from this Solicitation unless expressly made a part of the Contract in writing by HHSC or DSHS.

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3.5.5 Assumptions

Respondent must identify on Exhibit F, Assumptions Form any business, economic, legal, programmatic, or practical assumptions that underlie the Respondent’s response to the Solicitation.

HHSC or DSHS reserves the right to accept or reject any assumptions. All assumptions not expressly identified and incorporated into any Contract resulting from this RFP are deemed rejected by HHSC or DSHS.

3.5.6 Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated.

Furthermore, all Solicitation Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the response does not constitute a binding offer will be disqualified.

If a Respondent’s ability to enter a Contract is contingent upon any exception or assumption provided in accordance with Section 3.5.4, Exceptions or Section 3.5.5, Assumptions, the Respondent may be disqualified from further consideration for Contract award.

3.6 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.6.1 Deadline

Solicitation Responses must be received at the address in Section 3.6.4, Labeling and Delivery for USB Submission and Other Materials and time stamped by HHSC PCS no later than the date and time specified in Section 3.1, Schedule of Events.

Solicitation Responses received after the deadline specified in Section 3.1 will be rejected and not considered for Contract award.

3.6.2 Submission Option

a. Submission Option #1: Respondent shall submit two USB drives—one (1) labeled “Original Proposal” and one (1) labeled “Copy”—containing the following documents:

1. Each USB must contain one file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, Public Information Act – Respondent Requirement Regarding Disclosure, each USB must contain one file named “Public

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Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, Cost Proposal, each USB must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8, HUB Subcontracting Plan, each USB must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

b. Submission Option #2: Respondent shall submit the following through the Online Bid Room utilizing the procedures in Exhibit J, HHS Online Bid Room:

1. One file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal and HUB Subcontracting Plan) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 8.1.5, Public Information Act – Respondent Requirements Regarding Disclosure, one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 7.1, Cost Proposal, each must contain one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with Microsoft Office 2016).

4. In accordance with Section 6.8, HUB Subcontracting Plan, each must contain one file named “HUB Subcontracting Plan” in searchable PDF, that contains the Respondent’s HUB Subcontracting Plan and all supporting documentation.

3.6.3 Submission Checklist

Solicitation Consideration and Award Consideration Documents, reference Section 1.2, Definitions must be submitted by the deadline for Solicitation Response submissions, reference Section 3.1, Schedule of Events. Solicitation Consideration Documents will be reviewed as received, and Respondent will not have an opportunity to remedy missed requirements. At its sole discretion, HHSC may request some or all the Respondents to remedy missing elements of Award Consideration Documents. Those marked “SC” are Solicitation Consideration Documents and those marked “AC” are Award Consideration Documents.

The Solicitation Response must be submitted using one of the approved methods identified in Section 3.6, Solicitation Response Submission and Delivery. Below are the documents required to be submitted with the Solicitation Response. Where searchable PDF files are required, submission of non-searchable (image only) PDF files may result in disqualification from further consideration for Contract award.

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A. Proposal and Respondent Information

1. Narrative Proposal (Section 5.1) SC ____

2. Company Information (Section 6.1) SC ____

3. Franchise Tax Information (Section 6.2) AC ____

4. References (Section 6.3) AC ____

5. Major Subcontractor Information (Section 6.4) AC ____

6.

HHS Solicitation Affirmations

(Section 6.5, Exhibit A)

SC

7. Exceptions (if applicable) (Section 3.5.4, Exhibit E)

AC ____

8. Assumptions (if applicable) (Section 3.5.5, Exhibit F)

AC ____

9. Dun and Bradstreet Report (Section 6.6.1) AC ____

10. Financial Statements and Financial Solvency (Section 6.6.2) AC ____

11. Corporate Guarantee (Section 6.7) AC ____

12. SPI (if applicable) (Section 2.3, Exhibits D and D- 1)

AC ____

13. Certificate of Authority (Section 6.9) AC ____

B. Cost Proposal (Article VII) SC ____

C. HUB Subcontracting Plan (Section 6.8 and Exhibit G)

SC ____

3.6.4 Labeling and Delivery for USB Submission and Other Materials

Respondent must deliver Solicitation Responses submitted via USB by one of the methods below.

Overnight/Express/Priority Mail Hand Delivery

Health and Human Services Commission

ATTN: Response Coordinator Tower Building Room 108 1100 W. 49th St., MC 2020

Austin, Texas 78756

Health and Human Services Commission ATTN: Response Coordinator

Procurement &…