ESBD_368165_1721061434051_RFO_405-24R0015239.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-24R0015239

TYPE OF SOLICITATION

NEGOTIATED – REQUEST FOR

OFFERS (RFO)

DATE ISSUED

7/15/2024

QUEEN CITY SRIS SUPPORT AND MAINTENANCE

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 7/31/2024 to the following address.

DPS_Solicit_Response@dps.texas.gov

Attention: 405-24R0015239

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

FOR INFORMATION CONTACT:

Alicia Riley, CTCD, CTCM

Contract Administrator

PHONE: (512) 424-5994

EMAIL: Alicia.Riley@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

The Respondent must submit its response electronically to DPS_Solicit_Response@dps.texas.gov before the due date and time posted on the Electronic State Business Daily (ESBD). Respondents must monitor the ESBD posting for addenda that may alter a solicitation, including response due date. Respondents must also review the “Doing Business with DPS” website linked below to reference current documents and information regarding DPS procurement. https://www.dps.texas.gov/section/infrastructure-operations/doing-business-dps

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 disqualify response. 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 contract term commences on the effective date stated in the signing document, or purchase order and expires 5 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.

mailto:DPS_Solicit_Response@dps.texas.gov mailto:Alicia.Riley@dps.texas.gov https://www.dps.texas.gov/section/infrastructure-operations/doing-business-dps

DPS will not allow changes after Date of Award to terms or pricing during either the initial term of the Contract or any optional renewal period. 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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TABLE OF CONTENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 mandatory PRICING SCHEDULE

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 SCOPE

C.4 TRANSITION

C.5 DPS PERSONNEL

C.6 LIQUIDATED DAMAGES

C.7 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.8 INSURANCE REQUIRED UNDER THE CONTRACT

C.10 GENERAL CONFIDENTIALITY REQUIREMENTS

C.11 PERSONAL INFORMATION

C.14 INFORMATION TECHNOLOGY STANDARDS AND REQUIREMENTS

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.9 DISCUSSION AND CORRESPONDENCE

D.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.11 AGENCY POSTING OF CONTRACTS

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D.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

The following terms and acronyms used in 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 on the Mandatory Pricing Schedule that includes all costs, fees, licenses, and all expenses for Contractor’s delivery and performance of the commodities or services requested. The final 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.

D. Optional Features, Products, or Services

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

A. Upon request, 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.

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C. Respondent must provide documentation 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.

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

E. 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 number, the remittance address, and any prompt discount offered. Contractor must email the invoice to the Contract Monitor listed in the Contract and to apinvoices@dps.texas.gov.

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 (W-9) Form 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 Pricing Schedule Exhibit replicating, as necessary, in this exact format.

Item Description

UOM Initial Cost Second Year Cost

Third Year Cost

Fourth Year Cost

Fifth Year Cost

Support and Maintenance for Queen City Weigh Station

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Department of Public Safety (DPS) Texas Highway Patrol (THP) Division performs many essential functions to ensure that Texas highways remains safe and operational for all drivers.

C.2 SCOPE

DPS is seeking a qualified Contractor to provide support and maintenance services for the continued operation of the Smart Roadside Inspection System (SRIS) Program roadside equipment and software to support the CVE program. Support and maintenance must include a plan for scheduled maintenance services as well for unplanned repairs, plans for software services and specifications for extended warranty.

C.3 MINIMUM REQUIREMENTS

The Contractor’s solution must have the following requirements:

C.3.1 Scheduled Maintenance Services to include:

A. Physical check of all system components at the site including:

B. Verify Operation of Road Sensors (if applicable) C. Remote check of all software components D. End-to-end System testing E. System adjustments and calibration F. Preventative maintenance reporting

C.3.2 Unplanned Maintenance

Contractor shall provide DPS with a plan for unscheduled maintenance based on the Service Level Agreements described in Exhibit F.9 DPS Information Technology Standards and Requirements. Additionally, Severity Levels Definition Response Time Level 1 Outage 2 business hours

Level 2 Critical 4 business hours

Level 3 Urgent 8 business hours

Level 4 Important 2 business days

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C.3.3. Software Services Requirements

Contractor shall provide software services including the following:

A. Software Lifecycle Support- provide DPS with automatic upgrades and software patches throughout the life of the contract.

B. Software Monitoring- ongoing remote monitoring of the status of system operations and components, providing consistent status updates and notifying of issues.

C. Continuous Support- Contractor will provide DPS with a process to contact them for questions or to resolve issues.

D. Ongoing Training Classes and Materials: provide ongoing training on the use of the system and the interpretation of information received, including refresher trainings as needed on system operations and required training materials.

C.3.4 Extended Warranty

In addition to the initial warranty, Contractor shall offer an extended warranty on the SRIS system and components. The warranty shall include the ability to repair and/or replace service for the system components, without charge, to return the system to conform to system specifications.

C.4 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.5 DPS PERSONNEL

C.5.1 DPS’s Contract Administrator A. The Contract Administrator for administration of the Contract is Alicia Riley.

B. The telephone number for the Contract Administrator is 512-424-5994.

C. The email address is Alicia.RIley@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.

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

C.5.2 DPS’s Contract Monitor

A. The Contract Monitor for the Contract is Captain Bart Teeter.

B. The telephone number for the Contract Monitor is 512-424-2728.

C. The email address is Bart.Teeter@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.

t.

C.6 LIQUIDATED DAMAGES

A. DPS reserves the right to assess liquidated damages at an amount up to the amounts indicated belowper day for each Business Day Contractor fails to perform to the standards as described in the Contract or misses the deadline for each deliverable or Change Order Plan, with such deadlines designated in the deployment of Change Order Plans under Section(s) C of this Contract. The parties acknowledge that the harm that will be caused to DPS by such a delay is difficult to estimate;

however, the amount of liquidated damages listed in the Contract is a reasonable estimate and is enforceable.

Action Liquidated Damages may be assessed up to:

Failed to provide notice within two business hours or updates every two business hours during a Severity 1 – Critical system outage.

$1,000 per occurrence of failed notice or update.

Failed to provide notice within four business hours or updates within a reasonable period of time during a Severity 2 – major system outage.

$1,000 per occurrence for failed notice or update.

Failed to provide notice within eight business hours of time during a Severity 3 – moderate system outage.

$500 per occurrence for failed notice.

Failed to provide notice within two business days of time during a Severity 4 – minor system outage.

$250 per occurrence for failed notice.

Failed to provide scheduled maintenance inspections as required by the contract.

$50 per occurrence for failed notice.

B. Contractor will not be responsible and liquidated damages may not be assessed due to any delay caused by schedule amendments requested by DPS, delays as the result of

Page 12 of 29 Template Approved 5/26/2022 activity that is the responsibility of DPS Project Team, or delays that DPS deems were outside the control of Contractor. The burden of proof that the delay is attributable to DPS rests with Contractor.

C. Any liquidated damages assessed under the Contract may, at DPS’s option, be deducted from any payments due to Contractor. DPS has the right to offset any liquidated damages payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such liquidated damages, then Contractor must pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

C.7 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 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. Vendor 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 detailed description of the HSP and required forms with the response. Respondent’s response will be considered non-responsive 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 of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, DPS’s name, the name of the Contract Administrator, 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. Contractor must provide a copy of the notice to the Contract Administrator no later than ten business days after the effective date of the Contract.

E. Contractor must submit the Prime Vendor Progress Assessment Report to the Contract

Monitor and DPS HUB Office on a monthly basis (by the fifth day of the following month).

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C.8 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.

C.10 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;

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.

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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.

C.11 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.

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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:

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

Page 16 of 29 Template Approved 5/26/2022 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 that includes these Cyber Security Contract Requirements, 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 that includes these Cyber Security Contract Requirements 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 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.

C.14 INFORMATION TECHNOLOGY STANDARDS AND REQUIREMENTS

Contractor must comply with the requirements found in the IT Standards and Requirements Exhibit.

http://www-03.ibm.com/security/data-breach/

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C.15 FBI CJIS SECURITY ADDENDUM

Vendor, as appropriate, must execute a signed CJIS Security Addendum that Vendor can download from http://dps.texas.gov/SecurityReview/documents.htm. Additionally, each Contractor employee or subcontractor performing duties related to the Contract must sign a CJIS Security Addendum Certification prior to beginning work. Each certification must include the employee’s or subcontractor’s signature and Vendor’s authorized representative signature. DPS may terminate the Contract if it determines Contractor is out of compliance.

Prior to beginning work on the Contract, Vendor must enter into the CJIS online system all Contractor employees and subcontractors who will work on the Contract, and have those employees and subcontractors complete the CJIS online training and testing. DPS can provide further instructions upon request. Vendor must meet or exceed all requirements contained in the CJIS Security Policy found at the same website.

http://dps.texas.gov/SecurityReview/documents.htm

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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 considering the response non-responsive 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 Contact 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 Contract resulting from this solicitation to the responsible Respondent, whose response is 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

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

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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 being considered 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’s compliance, as an agency of the State of Texas, with all state and federal requirements. DPS reserves the right to consider any response non-responsive which asserts any copyright on any DPS-created form which is specifically designated by this solicitation to be a form that will be completed and included in a 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. 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:

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

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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:

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

b. Résumés for key personnel assigned to any resulting contract will include:

project management experience, supervisory experience, business process experience, application languages, hardware installation abilities, software upgrade experience, programming skills/abilities, data formats for each qualifying project.

1) Name

2) Title (current)

3) Education

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.

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I. Electronic and Information Resources (EIR) Accessibility. Respondent must provide documentation of the voluntary product accessibility template (VPAT) Voluntary Product Accessibility Template (VPAT^™) | Section508.gov (including accessibility conformance reports or vendor accessibility development services questionnaire as applicable) and Section 508 and EIR compliance for all components of the proposed goods or services. See Tex. Gov’t Code Chapter 2054, Subchapter M; 1 Tex. Admin. Code Chapter 213; and 1 Tex. Admin. Code Chapter 206; and WCAG 2.0 AA (current and as subsequently amended). VPAT is a vendor-generated statement (using the required template) that provides relevant information on how a vendor’s product or service claims to conform to the Section 508 Standards.

J. 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 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).

K. 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.

L. 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.

https://www.section508.gov/sell/vpat/ https://www.section508.gov/sell/vpat/ http://www.w3.org/TR/WCAG20/

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D.9 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.

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

D.10 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. The response and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

If it is necessary for Respondent to include proprietary or otherwise confidential information in its response or other submitted information, Respondent must clearly label that proprietary or confidential information and identify the legal basis for confidentiality.

Merely making a blanket claim that the entire response is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire response subject to release under the PIA.

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

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

1. A complete copy of all of Respondent’s submissions under this solicitation. Respondent must mark this copy’s documents with “Complete Response Documents, [Respondent’s Name], [DPS] SOLICITATION [SOLICITATION Number]. CONTAINS

CONFIDENTIAL INFORMATION.”

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

D.11 AGENCY POSTING OF CONTRACTS

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

Without prior written notice to Respondent, the redacted response may be posted on DPS’s website as part of the Contract per Tex. Gov’t Code § 2261.253(a).

D.12 ANTICIPATED SCHEDULE OF EVENTS

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

7/15/2024 Solicitation Posted to ESBD

7/23/2024 5:00

PM

Last day to submit written questions for clarification to DPS

7/25/2024 5:00

PM

Estimated date for DPS to post Question and Answer (Q&A) document to ESBD

7/31/2024 5:00 PM Deadline for DPS to receive responses

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

http://www.txsmartbuy.com/esbd. Respondent should check the ESBD frequently http://www.txsmartbuy.com/esbd

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Questions regarding this solicitation must be in writing and must be submitted to DPS’s Contract Administrator by the date and time noted in the table listed in this solicitation. Questions may only be submitted by email. DPS intends to post answers to these questions on the ESBD on or before the date and time noted in the table listed in this solicitation. Respondent is solely responsible for verifying DPS’s timely receipt of its questions by the stated deadlines.

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