ESBD_368144_1720816469556_SOL_PST_405-24R0017047_917-01.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-24R0017047

TYPE OF SOLICITATION

NEGOTIATED - REQUEST FOR

QUALIFICATIONS (RFQ)

DATE ISSUED

07/12/2024

FORENSIC LABORATORY ACCREDITATION CONTRACT

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 08/02/2024 to the following address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-24R0017047

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 document.

FOR INFORMATION CONTACT:

Heidi Davis, CTCD, CTCM

Contract Administrator

PHONE: (512) 424-5724

EMAIL: Heidi.Davis@dps.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

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

Failure to sign will deem the response non-responsive. DPS may pursue and enforce any available remedies against Vendor for making false statements, including disqualifying the Vendor’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, AND FUNDING

The initial contract term commences on the effective date stated in the signing document, or purchase order and expires four (4) years 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 Contract term. The continuation of the Contract for any period is subject to the availability of DPS’s funding source for the Contract.

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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 - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 MINIMUM REQUIREMENTS

C.3 TRANSITION

C.4 DPS PERSONNEL

C.5 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.6 INSURANCE REQUIRED UNDER THE CONTRACT

C.7 CRIMINAL HISTORY BACKGROUND CHECK

C.8 GENERAL CONFIDENTIALITY REQUIREMENTS

C.9 PERSONAL INFORMATION

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

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 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………………………………………………………………………..30

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SECTION A—DEFINITIONS

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

“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 this formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business entity, or organization awarded the Contract. In the context of submitting a response, “Contractor” also means “Respondent” 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.

“Parties” means Contractor and DPS.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with 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. Respondent must submit proposed pricing in a separate document using 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. Respondent pricing will not be opened until DPS selects the most qualified Respondent. Price will not be a factor in selecting the most qualified Respondent. The final negotiated, contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

B. DPS will negotiate pricing prior to award of the Contract if the pricing offered appears that it may not be best value to DPS.

C. 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.

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

A. Respondent must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Respondent is submitting a response.

This includes information Respondent believes is pertinent to 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 Respondent’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Respondents may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B Report is submitted the report must include Respondent’s Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Proposal, a Respondent may provide a statement regarding the Respondent’s financial stability and viability to perform under any resulting contract. If Respondent elects this approach rather than audited financial statements, the Respondent must submit a statement, with appropriate supporting

Page 5 of 29 Template Approved 10/26/2023 documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Respondent must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Respondent 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 Respondent and to reject a response on the grounds of Respondent’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Respondent as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Respondent’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/Purchase Order number, the remittance address, and any prompt payment discount offered. Contractor must email the invoice to the Contract Monitor listed in the Contract and to apinvoices@dps.texas.gov.

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

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

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

mailto:apinvoices@dps.texas.gov

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B.4 MANDATORY PRICING SCHEDULE

Respondent must submit pricing within the Mandatory Pricing Schedule Exhibit replicating, as necessary, in the exact format.

See Mandatory Pricing Schedule Exhibit.

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Department of Public Safety seeks a four-year contract that will provide accreditation for the Crime Laboratories across the state of Texas. The contractor will have the approved Texas Forensic Commission certifications to provide the accreditations being sought. The Laboratories provide standard areas of analysis including Biology/DNA, CODIS, Digital Evidence, Video/Imaging Analysis, Seized Drugs, Firearms and Toolmarks, Friction Ridge, AFIS, Document Examination, Toxicology, Trace Evidence, Breath Alcohol Calibration, and Reference Material Production.

C.2 MINIMUM REQUIREMENTS

A. Vendor must be an accreditation body, recognized by the Texas Forensic Science Commission, which is able to accredit forensic services to ISO/IEC 17025 standards for the following forensic services:

1. Biology;

2. Digital/Multimedia, including Video and Imaging Technology;

3. Seized Drugs;

4. Firearms and Toolmarks;

5. Friction Ridge and Databasing;

6. Forensic Document Examination;

7. Toxicology (Alcohol/Volatiles and Drugs);

8. Trace Evidence, including materials, gunshot residue, ignitable liquid residue, and impressions;

9. DNA Databasing; and

10. Breath Alcohol Calibration and Reference Material Production.

B. Vendor must submit a draft Accreditation Plan to encompass one full accreditation cycle for evaluation by DPS. The Accreditation Plan is the overall proposal to certify compliance to standards for all laboratories and technical disciplines, including schedules of inspection, mid-cycle assessment plan, reviews, maintenance, and all associated fees. The plan must provide for no lapses in accreditations during the Contract term and renewal terms.

C. The finalized Accreditation Plan must be acceptable to DPS and mutually agreed upon before work begins within 30 calendar days after the Date of Award of this Contract.

If corrections or adjustments are required, Contractor has five Business Days to resubmit the Accreditation Plan for DPS review and agreement to the submitted Accreditation Plan. The finalized Accreditation Plan will address the requirements for four-year accreditation cycles for forensic testing/databasing, breath alcohol calibration, and breath alcohol reference material laboratories. The plan will outline, at a minimum:

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1. Continuation of each DPS accreditation after 12/31/2024;

2. Any required annual assessments, including onsite and offsite inspections or surveillance activities. This should include the anticipated number of assessors needed;

3. Process for reporting;

4. Process for correcting any identified deficiencies; and

5. Process for incorporating any discipline or DPS site added after the initial assessment into the Accreditation Plan.

D. DPS will evaluate the Accreditation Plan based on its continuity of accreditation services from 12/31/2024, thoroughness of anticipated accreditation activities, the number of assessors or reviewers required for each activity, and Contractor requirements.

E. Contractor must provide accreditation assessment and inspection using the standards identified in this section in the respective disciplines:

1. ISO/IEC 17025:2017, general requirements for the competence of testing and calibration laboratories,

2. ISO 17034:2016, general requirements for the competence of reference material producers,

3. FBI Quality Assurance Standards (QAS) audit for forensic DNA testing laboratories, 2020,

4. FBI QAS audit for DNA databasing laboratories, 2020, and

5. Contractor’s supplemental requirements and policies, if any, in the respective disciplines.

6. Texas Forensic Science Commission Checklist requirements.

F. Contractor must perform an onsite assessment or inspection to FBI DNA QAS audit for testing and databasing at all DPS DNA laboratories between June 2026 and October 2026 or other timeframe mutually agreed upon in writing between Contractor and DPS. Contractor must complete this assessment within ten Business Days.

G. Contractor must perform an onsite assessment or inspection to FBI DNA QAS Audit for testing and databasing at all DPS DNA laboratories between June 2028 and October 2028 or other timeframe mutually agreed upon in writing between Contractor and DPS. Contractor must complete this assessment within ten Business Days.

H. Respondent must provide with its response the qualifications it requires for assessors for each discipline and the process for selecting assessors. Throughout the life of the Contract, DPS reserves the right to reject or disqualify any individual assessor that may be chosen by Contractor.

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C.2.1 Acceptance Criteria

A. Once the Contract is in effect, Contractor must provide an assessment plan prior to each assessment and inspection activity at least 30 calendar days of the date of scheduled activity. The finalized assessment plan must be acceptable and agreed upon by DPS before work begins. If corrections or adjustments are required, Contractor has five Business Days to resubmit the assessment plan for DPS review and mutual agreement. The finalized assessment plan will, at a minimum, identify the specific steps to be taken during the assessment, inspection, or expanded surveillance, including:

1. the number of assessors per location,

2. the duration of the assessment, inspection or expanded surveillance,

3. the reports that will be provided to DPS identifying any deficiencies,

4. the process for correcting any deficiencies identified,

5. travel plans between DPS locations listed in Section C., and

6. any additional requirements of the laboratory to complete the inspection.

B. Contractor must complete all onsite assessments within ten Business Days.

C. Contractor must provide a written assessment report within 30 calendar days of each assessment, or surveillance activity as a requirement of the services rendered. The report will either:

1. indicate that there were no deficiencies and Contractor will issue accreditation, or

2. identify any deficiencies discovered.

D. DPS and Contractor must mutually agree on corrective action for any deficiencies.

Contractor must submit an updated final report within five Business Days after DPS has taken the agreed upon corrective action so that Contractor may issue accreditation.

C.2.2 List of DPS Testing and Calibration Sites

A. DPS Crime Laboratory Forensic Testing Laboratory Sites:

1. CODIS

a. 23 Examiners Biology/DNA Database

2. Austin

a. 15 Examiners Seized Drugs

b. 20 Examiners Biology

c. 33 Examiners Toxicology (Alcohol/Volatiles and Drugs)

d. 6 Examiners Firearms and Toolmarks

e. 18 Examiners Trace Evidence, including:

i. 7 Materials

ii. 3 Impressions

iii. 5 Gunshot Residue

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iv. 3 Ignitable Liquid Residue

f. 4 Examiners Friction Ridge

g. 9 Examiners Friction Ridge (AFIS only)

h. 3 Examiners Forensic Document Examination

i. 8 Examiners Digital Multimedia

j. 2 Examiners Video/Imaging/Audio

3. Amarillo

a. 6 Examiners Seized Drugs

4. Abilene

a. 6 Examiners Seized Drugs

5. Capitol Area

a. 10 Examiners Biology

6. Corpus Christi

a. 5 Examiners Seized Drugs

b. 11 Examiners Biology

7. El Paso

a. 3 Examiners Seized Drugs

b. 7 Examiners Biology

c. 2 Examiners Toxicology (Alcohol/Volatiles)

d. 1 Examiners Firearms and Toolmarks

8. Garland

a. 10 Examiners Seized Drugs

b. 28 Examiners Biology

c. 6 Examiners Toxicology (Alcohol/Volatiles)

d. 4 Examiners Firearms and Toolmarks

e. 2 Examiners Friction Ridge

f. 5 Examiners Trace Evidence, including:

i. 3 Materials

ii. 2 Impressions

9. Houston

a. 19 Examiners Seized Drugs

b. 28 Examiners Biology

c. 6 Examiners Toxicology (Alcohol/Volatiles)

d. 2 Examiners Firearms and Toolmarks

e. 6 Examiners Trace Evidence, including:

i. 3 Materials

ii. 3 Impressions

10. Laredo

a. 3 Examiners Seized Drugs

b. 7 Examiners Biology

c. 2 Examiners Firearms and Toolmarks

11. Lubbock

a. 6 Examiners Seized Drugs

b. 15 Examiners Biology

c. 3 Examiners Toxicology (Alcohol/Volatiles)

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d. 2 Examiners Firearms and Toolmarks

e. 2 Examiners Friction Ridge

12. Midland

a. 4 Examiners Seized Drugs

b. 3 Examiners Toxicology (Alcohol/Volatiles)

13. Tyler

a. 12 Examiners Seized Drugs

b. 4 Examiners Biology (Qualitative only)

c. 3 Examiners Toxicology (Alcohol/Volatiles)

d. 3 Examiners Firearms and Toolmarks

14. Waco

a. 6 Examiners Seized Drugs

b. 11 Examiners Biology

15. Weslaco

a. 11 Examiners Seized Drugs

b. 13 Examiners Biology

c. 4 Examiners Toxicology (Alcohol/Volatiles)

d. 2 Examiners Firearms and Toolmarks

e. 3 Examiners Friction Ridge

B. Breath Alcohol Calibration Laboratory with 21 satellite facilities (7 of 21 facilities located at a Forensic Testing Lab site) – 31 Total Proficiency Tested Examiners

1. Austin - 1 (Breath Alcohol Calibration)

2. Austin District – 2 (Breath Alcohol Calibration Only)

3. Abilene – 1 (Breath Alcohol Calibration Only)

4. Amarillo – 1 (Breath Alcohol Calibration Only)

5. Bryan – 1 (Breath Alcohol Calibration Only)

6. Cleburne – 1 (Breath Alcohol Calibration Only)

7. Conroe – 1 (Breath Alcohol Calibration Only)

8. Corpus Christi – 1 (Breath Alcohol Calibration Only)

9. Garland – 1 (Breath Alcohol Calibration Only)

10. Houston – 5 (Breath Alcohol Calibration Only)

11. Hurst – 2 (Breath Alcohol Calibration Only)

12. Laredo – 1 (Breath Alcohol Calibration Only)

13. Lubbock – 2 (Breath Alcohol Calibration Only)

14. Lufkin – 1 (Breath Alcohol Calibration Only)

15. Midland – 1 (Breath Alcohol Calibration Only)

16. Rosenberg – 1 (Breath Alcohol Calibration Only)

17. San Angelo – 1 (Breath Alcohol Calibration Only)

18. San Antonio – 2 (Breath Alcohol Calibration Only)

19. Tyler – 3 (Breath Alcohol Calibration Only)

20. Waco – 1 (Breath Alcohol Calibration Only)

21. Wichita Falls – 1 (Breath Alcohol Calibration Only)

C. Certified Reference Material Laboratory at Austin – 1 Total Proficiency

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Tested Examiners

1. Headquarters (Austin)

a. 1 (Reference Material Production-ISO 17034)

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 the 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 the representative of DPS’s Procurement and Contract Services responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the 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 the Contract is Rose Marie Kocurek.

B. The telephone number for the Contract Monitor is 512-424-5871.

C. The email address is RoseMarie.Kocurek@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 Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards

Page 13 of 29 Template Approved 10/26/2023 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. Vendor 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. Respondent 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. Respondent must submit a complete HSP and required forms with the response. Respondent’s response will be disqualified if the agency forms are not completed in full or are missing from Respondent’s original response.

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

E. Contractor must submit to the Contract Administrator on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report.

C.6 INSURANCE REQUIRED UNDER THE 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 with physical or logical access to DPS property or data must submit to a fingerprint-based Criminal History Background Investigation, at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS 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 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 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 Contract Monitor no later than ten days of executing the Contract:

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

b) 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.

C.8 GENERAL CONFIDENTIALITY REQUIREMENTS

A. All information provided by DPS to Contractor, created by Contractor, or overheard, seen, or otherwise obtained by Contractor in performing the obligations under the Contract is confidential and may not be used by Contractor or disclosed to any person or entity, unless such use or disclosure is required for Contractor to perform work under the Contract. The requirements in this section also apply to subcontractors. The obligations of this section do not apply to information that Contractor can demonstrate:

1) Is publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Contractor;

2) Contractor discovered, learned, or created independently by Contractor or by a rightfully possessing and disclosing third party or by any other legitimate means;

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3) Is required to be disclosed by law or final order of a court of competent jurisdiction or regulatory authority, but Contractor must furnish prompt written notice of such required disclosure and will reasonably cooperate with DPS at DPS’s cost and expense, in any effort made by DPS to seek a protection order or other appropriate protection of its confidential information.

B. Contractor must notify DPS in writing of any unauthorized release of confidential information within four hours of when Contractor knows or should have known of such unauthorized release.

C. Contractor must notify affected parties in writing of any unauthorized release of confidential information within two business days of when Contractor knows or should have known of any unauthorized release of confidential information obtained from affected parties.

D. Contractor must maintain all confidential information in confidence during the term of the Contract and after the expiration or earlier termination of the Contract.

E. If Contractor has any questions or doubts as to whether particular material or information is confidential information, Contractor must obtain the prior written approval of DPS prior to using, disclosing, or releasing such information.

F. Contractor acknowledges that DPS’s confidential information is unique and valuable, and that DPS may have no adequate remedy at law if Contractor does not comply with its confidentiality obligations under the Contract. Therefore, DPS will have the right, in addition to any other rights it may have, to seek in any Travis County court of competent jurisdiction temporary, preliminary, and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce any confidentiality obligations of Contractor if Contractor fails to perform any of its confidentiality obligations under the Contract.

G. Contractor must immediately return to DPS all confidential information when the

Contract terminates, at such earlier time as when the confidential information is no longer required for the performance of the Contract or when DPS requests that such confidential information be returned.

H. Information, documentation, and other material in connection with the Contract, including Contractor’s response, may be subject to public disclosure under the Tex.

Gov’t Code Chapter 552.

I. The FBI and DPS have computer security requirements. Contractor’s and subcontractor’s employees working on this assignment must sign and submit appropriate agreements and abide by these security requirements, within five days of DPS’s request.

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C.9 PERSONAL INFORMATION

To the extent this subsection does not conflict with the section entitled “General Confidentiality Requirements,” Contractor must comply with both sections. To the extent this subsection conflicts with the section entitled “General Confidentiality Requirements,” this section entitled “Personal Information” controls.

A. “Personal identifying information” and “Sensitive personal information” are defined by

Tex. Bus. & Com. Code Ch. 521. Both are classified as personal information for purposes of this section.

B. Personal information does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government.

C. “Breach of system security” is defined as follows: Unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information Contractor maintains under the Contract, including data that is encrypted if Contractor’s employee or agent accessing the data has the key required to decrypt the data. Good faith acquisition of personal information by an employee or agent of Contractor for the purposes of performing under the Contract is not a breach of system security unless the employee or agent of Contractor uses or discloses the personal information in an unauthorized manner.

D. Contractor must implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any personal information collected or maintained by Contractor under the Contract.

E. Contractor must notify DPS and affected parties of any breach of system security immediately after discovering the breach or receiving notification of the breach, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person. However, Contractor must delay providing notice to the affected parties at DPS’s request, if DPS determines that the notification will impede a criminal investigation. Notification to the affected people may be made as soon as DPS determines that it will not compromise any criminal investigation.

F. Contractor must give notice as follows, at Contractor’s expense:

1) Written notice;

2) Electronic notice, if the notice is provided in accordance with 15 U.S.C. Section 7001;

3) Notice as follows:

a) If Contractor demonstrates that the cost of providing notice would exceed $250,000, the number of affected people exceeds 500,000, or Contractor does not have sufficient contact information for the affected people, Contractor may give notice as follows:

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i. Email, if Contractor has an email address for the affected people;

ii. Conspicuous posting of the notice on Contractor’s website;

iii. Notice published in or broadcast on major statewide media; or

b) If Contractor maintains its own notification procedures (as part of an information security policy for the treatment of personal information) that comply with the timing requirements for notice under this subsection entitled “Personal Information,” Contractor may provide notice in accordance with that policy.

G. If this subsection requires Contractor to notify at one time more than 10,000 people of a breach of system security, Contractor must also notify, without unreasonable delay, each consumer reporting agency (as defined by 15 U.S.C. Section 1681a) that maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notices.

H. In the event of a breach of system security, if personal information was, or is reasonably believed to have been, acquired by an unauthorized person, DPS, an agency of the State of Texas, may assess and enforce, as applicable and without limitation, cyber insurance coverage requirements, indemnification, duty to defend, liquidated damages, actual damages, sanctions, rights, claims, remedies and other amounts against Contractor in accordance with the contract and in accordance with other applicable law. Contractor understands that there may be constitutional and statutory limitations on DPS to enter into certain terms and conditions of the contract and that any such terms and conditions will not be binding on DPS except to the extent authorized by the laws and constitution of the State of Texas.

I. Liquidated Damages may be assessed under this section in the amount of the per capita data breach cost for public sector (government) records as listed in the current Ponemon Institute Research Report Cost of Data Breach Study: United States. The number of affected records will be determined at the time of breach, with a not to exceed Liquidated Damages Cap of 100% of the total contract value.

The Ponemon Institute Research Report Cost of Data Breach Study: United States may be found at: http://www-03.ibm.com/security/data-breach/.

J. Contractor will not be responsible and liquidated damages may not be assessed due to a breach of system security caused entirely by someone other than Contractor, Contractor’s subcontractor, or Contractor’s agent. (This provision is not to be interpreted that Contractor is absolved of liability with any other sections pertaining to cyber security or data protection).

K. Any liquidated damages assessed under the Contract may, at DPS’s option, be deducted from any payments due Contractor. DPS has the right to offset any liquidated damages http://www-03.ibm.com/security/data-breach/

Page 18 of 29 Template Approved 10/26/2023 payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor will pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

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SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

D.1 RESPONSE PREPARATION INSTRUCTIONS

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

B. Responses must be prepared 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 disqualification of the response from further consideration unless stated otherwise within this solicitation.

D. Responses 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). Respondent’s response must be paginated, contain a full table of contents, and have component sections clearly identified.

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

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

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

D.2 SOLICITATION ADDENDA

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

B. Respondent’s failure to timely acknowledge addenda may subject its response to rejection.

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

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

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

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

D. Alterations made before closing time will be initialed by Respondent or its authorized representative.

E. No responses can be withdrawn after closing date and time without approval by DPS.

Should a Respondent, after closing time, request its response be withdrawn, Respondent must email the request to the Contract Administrator listed in the solicitation.

F. DPS is not responsible for submissions delivered to DPS after the date and time stated on page 1 of this solicitation. It is the Respondent’s responsibility to ensure that it submits, and that DPS receives, its complete response timely. DPS recommends that Respondent submit their complete response well in advance of the due date and time stated on page 1 of this solicitation.

G. DPS takes no responsibility for electronic responses 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 responses 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 the responsible Respondenst, whose responses are best value under the evaluation criteria in this solicitation.

D.6 DPS’S RIGHTS

A. DPS may:

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

2. accept other than the lowest priced response; and

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

B. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude DPS from asserting all rights against Respondent for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. DPS reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for DPS compliance, as an agency of the State of Texas, with all state and federal requirements. DPS reserves the right to disqualify any response 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 response submitted in response to this solicitation.

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

D. Except as provided for in Section D.9, the submission of a response has the effect of waiving proprietary rights or confidentiality.

E. All responses and any content provided by the Respondent 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 Respondents or in the preparation, formulation, or presentation of a response.

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 responses 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 responses received by DPS will remain confidential until the evaluation process is complete.

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

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.7.1 Volume One – Contract Forms and Required Response Information

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

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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 response, if applicable;

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 Respondent 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 Section

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

B. Introduction: Clear expression of who Respondent 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 Respondent and any subcontractors.

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

2. Business form of Respondent 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 Respondent 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 experience, supervisory experience, business process experience, certifications and licenses pertinent to the scope of work.

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1) Name

2) Title (current)

3) Education

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. Respondent must identify and provide in its response a minimum of three references relating to past contracts or projects that are similar in size and scope. Respondent must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Respondent 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 for the Respondent and all proposed third-parties and subcontractors, if applicable.

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

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

H. Respondent is encouraged to provide a response narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to clearly demonstrate Respondent’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments. Respondent 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. Respondent 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 Respondent 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

Page 24 of 29 Template Approved 10/26/2023 business continuity and disaster recovery plan. DPS may reasonably require Contractor to amend its business continuity and disaster recovery plan (based on DPS’s dependence or necessity on the particular good or service).

J. Assumptions. No assumptions should be included in a response. All issues or questions that might be advanced or addressed by way of assumption should be submitted to DPS. The inclusion of assumptions in a proposal may result in a Respondent not being awarded a contract.

K. Exceptions. If Respondent has exception requests to the DPS Standard Terms and Conditions, these exceptions must be submitted on the Vendor Exceptions Form.

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

Respondent must provide a completed HSP as required.

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

D.7.4 Volume Four – Cost and Pricing Response

Respondent must provide pricing in the required Mandatory Pricing Schedule format in a separate document that will not be disclosed until after DPS selects a preferred Respondent or Respondents if multiple awards are anticipated based on geographical location and service type.

D.8 DISCUSSION AND CORRESPONDENCE

A. Respondent 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. Respondent should rely only on the written information provided in this manner.

Respondent is specifically cautioned against relying on any oral information.

D. Respondent 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 Respondent 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.

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

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F. Unauthorized contact with DPS personnel by any Respondent may result in DPS disqualifying Respondent’s response in its entirety.

D.9 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 Respondent are subject to release as public information by DPS.