ESBD_373836_1724352269594_SOLICI_405-24R0020771_913-16.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-24R0020771

TYPE OF SOLICITATION

NEGOTIATED - REQUEST FOR

PROPOSAL (RFP)

DATE ISSUED

08/22/2024

STATEWIDE TOWER REPLACEMENT

Vendor must submit electronic responses no later than 5:00 P.M. Central Time on 09/23/2024 to the following address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-24R0020771

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:

Ricardo Montalvo, CTCD, CTCM

Contract Administrator

PHONE: (512) 424-0997

EMAIL: ricardo.montalvorodriguez@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 contract term commences on the effective date stated in the signing document, (or purchase order contract) and expires five years from that effective date.

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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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.3 PROJECT SCHEDULE AND PLAN

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.9 CRIMINAL HISTORY BACKGROUND CHECK

C.10 GENERAL CONFIDENTIALITY REQUIREMENTS

C.11 PERSONAL INFORMATION

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS ... 19

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

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D.9 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.10 AGENCY POSTING OF CONTRACTS

D.11 ANTICIPATED SCHEDULE OF EVENTS

D.12 PRE-BID SITE VISIT

SECTION E—EVALUATION CRITERIA

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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.

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.

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 6 of 29 Template Approved 5/26/2022 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 this exact format.

The pricing must be provided based on the Sample Project in Goat Creek Tower Sample Project Exhibit and a breakdown of what is included in each bid line must be provided.

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

DPS is soliciting proposals for turn-key radio communication tower services to support various statewide site projects required to design, construct, maintain, improve, decommission, or expand its radio communications infrastructure under this blanket services contract. DPS will coordinate with the contractor on the location and type of tower to be decommissioned, and the new-build design requirements. Please see the Statement of Work Exhibit for complete requirements and technical information.

C.2 SCOPE

DPS requires a turn-key solution to supply complete end-to-end services that result in a comprehensive system immediately ready for DPS use upon implementation.

A. Contractor must make available to DPS all brands, items, and materials necessary to ensure a turn-key radio tower communication solution throughout the term of the contract. The contractor must provide any and all supporting documentation to DPS’s satisfaction for the items and how costs are calculated. Provided percentages must remain constant throughout the contract term. DPS makes no guarantee of volume, usage, or total compensation to be paid to any Contractor under an awarded Contract, if any, resulting from this Solicitation.

B. The Contractor’s proposed all-Inclusive Price(s) for the Goods and Services as specified in this Solicitation must include all labor, materials, tools, supplies, equipment, and personnel, including but not limited to, travel expenses, associated costs, and incidental costs necessary to provide the products and Services according to the minimum specifications, requirements, provisions, terms, and conditions set forth in the Solicitation.

C. This contract will service statewide locations. Contractor must be able to service any existing and new locations in the State of Texas for the duration of the contract term.

D. All services must be performed in compliance with industry standards and all federal, state, and local laws, ordinances, and regulations. Architects, Engineers, surveyors, and other professionals associated with project work must be licensed to work in Texas.

E. Upon award, DPS will issue a written request to the Contractor to begin development of a proposal for each project and location. This written request may include a description of the project, services required, proposed schedule, and budget. DPS will schedule a meeting with the Contractor and the proper DPS representatives to discuss the scope of work required. After the meeting, the Contractor will then send a final proposal for the scope of work required to the designated DPS Personnel within 14 calendar days of the meeting. The value of required items and services will be

Page 9 of 29 Template Approved 5/26/2022 determined by a mutually agreed lump sum, properly itemized, and supported by sufficient data to permit evaluation, including documentation by subcontractors performing the work. After approval, DPS will issue a Release Purchase Order for each project and corresponding proposal. If DPS issues a change to a project scope, then the contractor will submit a change proposal with the same requirements as above. This will result in a change order to the release purchase order. Additional work is not permitted until issuance of the change order.

F. Each Release Purchase Order/work assignment will include a mutually agreed to contract schedule and must be completed within that time. For all work orders not completed within the contract time, liquidated damages of $1,500 will be assessed per day and will be calculated for each work assignment.

G. Within 45 business days of project completion, the Contractor will prepare and submit project closeout documents and submit to DPS’s Project Manager. Reports will include all applicable information as follows: Completed and verified Punch List, all Operations and Maintenance manuals, Commission Reports, Construction Material Testing Reports, Record Construction Documents (As-built construction drawings and project manual) in hard copy and USB flash drive.

C.2.1 Service Requirements:

A. Contractor must provide all necessary services including but not limited to: site evaluations, investigations, analysis, recommendations, cost and time estimates, testing, reports, studies, designs, preparation of documents (including drawings in latest AutoCAD/Revit version and CSI format specifications), field inspections and investigation, demolition and cleanup services, site preparation, and turnkey construction of new tower sites.

B. Involvement throughout all phases of the project, including development of plans;

preparation of schedules and services; periodic progress reports/meetings; processing of invoices for service; timely processing of project correspondence, requests for payment, and material and equipment submittals. All project correspondence, design/review documents, reports, etc. prepared by the Contractor will be distributed to DPS’s Contract Monitor for each project within the Statement of Work of the approved Release Purchase Order. Contractor must provide a weekly status update on the progress of each project. The status update should include the work performed that week, what will be done the next week, and any issues or risks at each site. The status must include the start and completion date and notification of any deviation from the original timeline. The status update must be sent by email to the assigned contact for each site.

C. Emergency Response: In the event of a catastrophic event or other condition where

DPS has declared an emergency and there exists a need to use these services to assist

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D. The Contractor must possess the ability to commence operations without financial assistance from DPS. The Respondent must demonstrate overall readiness to promptly begin services after an award.

E. Damage to any DPS property must be repaired at the Contractor's expense to DPS’ satisfaction.

F. The Contractor must coordinate the work of any and all Sub-Contractors and also coordinate with DPS on portions of the work done by DPS employees or sub- Contractors, if any.

G. The Contractor must assume full responsibility for the accuracy, fit, function, and installation of all portions of the work.

H. All work must be continuous to ensure the operational impact is minimal with limited disruptions. Every effort must be made to eliminate downtime and get DPS operations back in service as quickly and safely as possible.

I. The Contractor will be required to provide operational demonstration to the identified staff for future maintenance needs along with other information on warranty, maintenance manuals, or other related details.

J. In the event of component damage from the use of incompatible materials, or during installation, any accident, mishandling, improper transportation methods, or negligence on part of the Contractor or Sub-Contractor forces, the Primary Contractor must be responsible for the replacement at no cost to the DPS.

K. The Contractor and DPS must provide a comprehensive final inspection after the completion of the project. All installation and functionality errors must be addressed, and final punch list items completed prior to rendering any payments.

L. The Contractor must check and verify all dimensions, notes, conditions, and locations of existing equipment on site before any work begins. All discrepancies must be reported to DPS. No additional compensation will be allowed on account of any difference between actual measurements or information and those supplied by DPS, either verbally or in written form.

M. The Contractor is responsible for the delivery, storage, maintenance, and security of tools and equipment. DPS is not responsible for the rental or provision of specialty items, machinery, or tools necessary to complete a task.

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N. Contractor vehicles or machinery must be locked with the emergency brake set and the ignition key removed when left unattended. Parking or storage must be located only in approved areas determined by DPS. DPS will not be responsible for damage by others to company or Personal vehicles left on the project site. Any vehicle or equipment without an ignition key starter must be rendered inoperable if left overnight. Any Vehicle or large equipment with a common industrial type of ignition source must be rendered inoperable if left overnight. Security and safety of tools or equipment must be the responsibility of the Contractor during work and after regular business hours.

C.3 PROJECT SCHEDULE AND PLAN

Respondent must include in its response a draft project plan detailing how Respondent will provide or implement the requirements of the sample project identified in Exhibit F.10. The draft project plan must detail how Respondent would address the following phases:

1. A description of the project organization;

2. A breakdown and detailed description of the different deliverables;

3. Expected dependencies, caveats, or risks that exist within the project plan and schedule;

4. A schedule and work plan for the different deliverables of the project;

5. A Gantt chart illustrating a high-level timeline for the project, including task start and end dates and dependencies;

6. Delegation of duties to each party for each of the tasks;

7. Information regarding maintenance and support, along with standard project management components such as a risk management plan and a change management plan;

8. The methodology Respondent will employ to ensure the schedule is met; and

9. Provision or implementation of goods or services by the required dates, and subsequently provide support of these goods or services.

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, including providing any site plans or other documents created for DPS for purposes of this 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

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A. The Contract Administrator for administration of the Contract is Ricardo Montalvo.

B. The telephone number for the Contract Administrator is 512-424-0997.

C. The email address is ricardo.montalvorodriguez@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.5.2 DPS’s Contract Monitor

A. The Contract Monitor for the Contract is Steve Dyson.

B. The telephone number for the Contract Monitor is 512-424-2732.

C. The email address is steve.dyson@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.6 LIQUIDATED DAMAGES

A. Each Release Purchase Order/work assignment will include a mutually agreed to contract schedule and must be completed within that time. For all work orders not completed within the contract time, liquidated damages of $1,500 will be assessed per day and will be calculated for each work assignment.

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 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.

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

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

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

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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.9 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel 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.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:

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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.

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.

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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.

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:

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

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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.

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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 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 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:

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

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

project management experience, supervisory experience, business process experience, application languages, hardware installation abilities, software

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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 five 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. 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 https://www.section508.gov/sell/vpat/ https://www.section508.gov/sell/vpat/

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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…