ESBD_377124_1726779253548_304-25-0025DG - RFP - 2nd Posting - ARB Training Services.pdf

RFP # 304-24-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

(Rev. 2/2024)

Texas Comptroller of Public Accounts

Glenn Hegar, Comptroller

Request for Proposals Appraisal and Legal New and Continuing Education Training

Services for Appraisal Review Board Members

RFP No. 304-25-0025DG

09/19/2024 Anticipated Schedule of Events

September 19, 2024 Issuance of RFP

September 20, 2024 Deadline for Submission of Questions (2:00 p.m., CT) September 23, 2024 Release of Official Responses to Questions

(Or as soon thereafter as practical) September 25, 2024 Deadline for Submission of Proposals (2:00 p.m. CT)

Late Proposals will not be considered September 27, 2024 Presentations from Top-Ranked Respondents

(If presentations requested by CPA, dates and times to be scheduled)

October 1, 2024 Services Commencement Date (Or as soon thereafter as practical)

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

Table of Contents

I. Summary

II. Specifications

A. Introduction

B. Background

C. Definitions and Acronyms

D. Scope of Services

E. Contract Resulting from this Solicitation; Order of Priority

F. Warranty of Performance

G. Security Incident Notification

H. Insurance and Bonds

I. Criminal Background Investigation

J. Contract Term; Survival of Terms

K. Acceptance Criteria

L. Payments

M. Discounts

N. PO Addition and Deletion

O. HUB Subcontracting Plan Information

P. Respondent Documents

Q. Respondent Exceptions

R. Respondent’s Past Performance; Vendor Performance Tracking System

III. Proposal Submission Requirements

A. Delivery of Proposal

B. Proposal Content and Format

IV. Mandatory Price Sheet

V. Standard Terms and Conditions

VI. Execution of Proposal

VII. Conflict of Interest/Disclosure Statement

VIII. Nondisclosure Agreement IX. Confidential Treatment of Information Acknowledgment

X. Certification Regarding Public Nature of the Proposal

XI. Contractor Cybersecurity Training Attestation Form

XII. Respondent Exceptions

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

I. Summary

1. Type of Solicitation: Request for Proposals (RFP)

2. Issuing Office: Texas Comptroller of Public Accounts (CPA) Procurement Section Room 300, Attn: RFP No. 304-25-0025DG 111 E. 17th Street Austin, Texas 78774

3. Additional Requirements/Qualifications: N/A

4. Responses to RFP: Sealed Competitive Proposals

5. Deadline for Proposals: In Issuing Office No Later Than:

September 25, 2024; 2:00 p.m., Central Time (CT)

6. Initial Contract Term: Date of Award to August 31, 2025

7. CPA Optional Contract Terms: October 1, 2025 through August 31, 2026 September 1, 2026 through August 31, 2027 and September 1, 2027 through August 31, 2028

8. CPA Contact Person for this RFP: Denise Gilmore, CTCD/CTCM Email with delivery receipt requested to: bidcpa@cpa.texas.gov

9. Proposals Submitted by Email: Required; See Section III, Part A

10. Proposals Submitted by Fax: Not Accepted

11. Pre-Proposal Conference: N/A

12. Pre-Proposal Inspection: N/A

13. Letters of Intent to Submit a Proposal: N/A

14. RFP Addenda: Notices of changes to items directly impacting the original RFP or solicitation process will be posted on the Electronic State Business Daily (ESBD) located at:

http://www.txsmartbuy.com/esbd. CPA will post any amendment to this solicitation on the ESBD as an RFP Addendum. It is the responsibility of an interested party to check the ESBD for updates to this RFP before submitting a Proposal. Each Respondent is solely responsible for verifying CPA’s receipt of its questions, if applicable, and its Proposal by the deadlines specified in this RFP.

15. Questions and Answers: Questions regarding this RFP must be in writing and must be submitted to the CPA Contact Person specified in Part 8, no later than September 20, 2024; 2:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the email address specified in Part 8. CPA intends to post answers to the questions received on the ESBD on September 23, 2024, or as soon thereafter as practical.

mailto:bidcpa@cpa.texas.gov http://www.txsmartbuy.com/esbd

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

16. Respondent Presentations: Reserved

17. Evaluation of Proposals under Best Value Standard (Section 2156.125 of the Texas Government Code):

Criteria Weight Respondent’s Past Performance, Qualifications & Experience 20% Compliance with CPA Specifications 50% Cost 30% Total: 100%

As applicable, the factors listed in Sections 2155.074, 2155.075, 2156.007, and 2157.003 of the Texas Government Code shall also be considered in making an award. Best and Final Offers may be sought from Respondents whose Proposals are ranked most highly by the evaluation committee. However, CPA encourages Respondents to always offer their best pricing. CPA reserves the right in its sole judgment and discretion, and at any time upon failure of negotiations, to reissue or withdraw this RFP rather than continue with negotiations.

18. Email Submission Only. Due to changed building access restrictions, Respondents will not be permitted to hand deliver Proposals to the Issuing Office. Respondents are required to submit Proposals electronically via email with delivery receipt requested in accordance with Section III, Part A.

19. Contact with CPA Staff: Upon issuance of this RFP, employees, and representatives of CPA, other than the

CPA Contact Person identified in Part 8, will not discuss the contents of this RFP with any Respondent or its representatives. Failure of a Respondent or any of its representatives to observe this restriction may result in disqualification of any related Proposal. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement or to obtain assistance completing Historically Underutilized Business (HUB) forms required by this RFP.

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

II. Specifications

A. Introduction

The Texas Comptroller of Public Accounts (CPA), an agency of the State of Texas, issues this Request for Proposal (RFP) to solicit Proposals from qualified vendors for Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members as described in this Section II and in this RFP (Services). CPA’s objective is to obtain the Services that represent the best value for CPA and the State of Texas according to the terms and conditions of this RFP.

CPA anticipates making a Contract award to two (2) Successful Respondents for the Services; however, the number of Contracts awarded, if any, will be at CPA’s sole discretion. CPA reserves the right not to award a Contract for the performance of all or part of the Services. This RFP is not exclusive and CPA reserves the right to issue additional solicitations regarding the Services or similar services at any time.

All Respondents are encouraged to always offer their best pricing.

All costs associated with the Services must be included in the Respondent’s Proposal. Proposals that do not meet all of the requirements or contain all of the required documentation specified in this RFP will be rejected as non-responsive.

B. Background

Section 5.041 of the Texas Tax Code requires the Comptroller of Public Accounts (CPA) to develop curriculum, provide training and supervise a comprehensive course for training and education of Appraisal Review Board (ARB) members.

The Comptroller’s office provides for an 8-hour new ARB member training course and a 4-hour continuing education (CE) course.

CPA’s publication “Appraisal Review Board Manual” serves as the course curriculum for the 8-hour training and “Continuing Education Course for Appraisal Review Board Members” manual serves as the course curriculum for the 4-hour CE course. CPA’s manuals for these trainings are available at:

http://www.comptroller.texas.gov/taxinfo/proptax/pdf/96-308.pdf and http://www.comptroller.texas.gov/taxinfo/proptax/pdf/96-1415.pdf .

CPA has historically provided the trainings using a combination of Property Tax Assistance Division (PTAD) staff and contractors. The trainings have been provided in live and telecast sessions between February and May of each calendar year. Due to the novel coronavirus pandemic in 2020, CPA and its contractors presented five live training sessions of each course and provided pre-recorded video training in place of the remaining scheduled training sessions. CPA seeks bids for contractor services for the FY2025 training sessions and may deliver the training through live, telecast, online training and/or pre-recorded video sessions. CPA requests that bid responses include a unit charge for each type of delivery method.

CPA will provide the following as it relates to the training classes described in this RFP:

a. Instructor curriculum guides; hardcopies of handouts; any other CPA-approved course materials

b. Logistics for training delivery

c. Course evaluation forms, if used

d. Registered student roster and sign-in sheet

e. Training conference rooms, if needed

f. Training completion certificates for ARB members

g. Student registration

h. Visual/audio equipment, unless other arrangements are made

i. Technical aspects of the presentation

j. All virtual or video tools and facilities http://www.comptroller.texas.gov/taxinfo/proptax/pdf/96-308.pdf http://www.comptroller.texas.gov/taxinfo/proptax/pdf/96-1415.pdf

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

C. Definitions and Acronyms

• ARB. Appraisal Review Board (ARB).

• Award Date. The Award Date is the earlier of the date an authorized representative of CPA (1) issues a

Purchase Order (PO) or (2) signs a formal, written agreement.

• Contract. The agreement described in Section II, Part E (Contract Resulting from this Solicitation; Order of Priority), if any.

• CPA. Texas Comptroller of Public Accounts.

• CT. Central Time.

• Fiscal Year. The State of Texas and CPA’s fiscal year that begins on September 1 and ends on August

31.

• Proposal. A response to this RFP.

• Respondent. Any person or entity that submits a Proposal.

• Successful Respondent. The Respondent awarded a Contract, if any.

D. Scope of Services

D.1 General

To assist CPA in satisfying the requirements of Section 5.041 of the Texas Tax Code, Successful Respondent shall present legal and appraisal training sessions for new and returning ARB members in accordance with the requirements set forth in this RFP.

CPA provides for an 8-hour new ARB member training course and a 4-hour continuing education (CE) course. The scope of work outlined in Section II, Part D.2, below, includes the 4-hour CE course, two hours of appraisal training for the new ARB member course and the remaining six hours of training for the new ARB member course. Successful Respondent must spend the number of minutes on each of the identified sections in accordance with the charts detailed in Tables 1-3, of Part D.2, below.

D.2. Scope of Work

a. Continuing Education Training Requirements

Section 5.041(e) of the Texas Tax Code requires CPA to develop curriculum, provide training and assist with the Continuing Education (CE) Program for ARB members. To assist CPA in satisfying this legal requirement, Successful Respondent shall present Legal CE Training sessions and Appraisal CE Training sessions for ARB members in accordance with the requirements set forth in the RFP.

CPA’s publication “Continuing Education Course for Appraisal Review Board Members” manual serves as both the course curriculum and the handout concerning presentations. Successful Respondent must spend the number of minutes on each of the identified sections in accordance with the chart detailed in Table 1. CE Curriculum Topics, Pages Covered and Time Spent on Each Topic, of this subsection below. CPA’s CE manual for the ARB members is available at: http://www.comptroller.texas.gov/taxinfo/proptax/pdf/96- 1415.pdf.

The training session is four hours, beginning at 8:30 a.m. and concluding at 2:00 p.m. (Central Time Zone)

TABLE 1

CE Curriculum Topics, Pages Covered and Time Spent on Each Topic

Topic and Topic Order Time Spent

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

Legal Issues 2 hours total

Introduction to ARB Responsibilities

• Statutory Duties

• Independence of the ARB

• Ex Parte Communication

Taxpayer Protests

• Explanation of Selected Statutes o Right of Protest (41.41(a)) o Protest for Failure to Give Notice (41.411) o Forfeiture of Remedy for Nonpayment of Taxes (41.4115) o Person Acquiring Property After Jan. 1 (41.412) o Protest by Person Leasing Property (41.413) o Protest of Situs (41.42) o Protest of Determination of Value or Inequality of Appraisal (41.43) o Correction of Appraisal Roll (25.25) o Forfeiture of Remedy for Nonpayment of Taxes (25.26)

• Requirements Regarding the Equal and Uniform Appraisal of Property

• Duty of the Appraisal District to Substantiate Its Determination of Value

• Conduct of Hearings o Hearing Procedures o Determination of Protests

• Explanation of Burden of Proof

Methods of Appraising Property 2 hours total

What is an Appraisal?

Uniform Standards of Professional Appraisal Practice

Mass Appraisal

• Characteristics of Mass Appraisal

• Jurisdictional Exceptions

• Mass Appraisal and the Three Approaches to Value

Three Approaches to Value

• Market Data Comparison Approach

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page o Selecting Comparable Properties o Listing Similarities and Differences o Adjusting the Comparables o Deriving an Opinion of the Subject's Value o Appraising Land o Appraising Improvements

• Cost Approach o Defining Cost o Depreciation o Cost Approach in Mass Appraisal

• Income Approach

• Capitalization Rate

Appraisal of Business Personal Property

• Rendition of Personal Property

• Situs of Personal Property

• Valuation of Personal Property

• Inventory Valuation

• Special Problems in Inventory Appraisal

• Valuation of Commercial and Industrial Personal Property

Section 5.041(e) of the Texas Tax Code requires the curriculum to include the following, which are addressed in CPA’s manual:

Legal Issues:

• the duties of an ARB;

• the requirements regarding the independence of an ARB from the board of directors and the chief appraiser and other employees of the appraisal district;

• the prohibitions against ex parte communications applicable to ARB members;

• the duty of the appraisal district to substantiate its determination of the value of property;

• the requirements regarding the equal and uniform appraisal of property;

• the availability of Limited Binding Arbitration for property owners or authorized representatives;

• the right of a property owner to protest the appraisal of the property as provided by Chapter 41 of the Texas Tax Code; and

• a detailed explanation of each of the actions described by Sections 41.41(a)(c), 41.411, 41.412, 41.413, 41.42, and 41.43 of the Texas Tax Code so that ARB members are fully aware of each of the grounds on which a property appraisal can be appealed.

Appraisal Issues:

• the cost, income, and market data comparison methods of appraising property;

• the appraisal of business personal property;

• the determination of capitalization rates for property appraisal purposes; and

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

• the Uniform Standards of Professional Appraisal Practice.

b. New ARB Member Training Requirements.

Section 5.041(a) of the Texas Tax Code requires CPA to develop curriculum, provide training and assist with the New Member Program for ARB members. To assist CPA in satisfying this legal requirement, Successful Respondent shall present an Appraisal Concepts session for ARB members in accordance with the requirements set forth in the RFP.

CPA’s publication “Appraisal Review Board Manual” serves as both the course curriculum and the handout concerning presentations. Successful Respondent must spend the number of minutes on each of the identified sections in accordance with the charts detailed in Table 2. Two-Hour Appraisal Curriculum Topics and Time Spent on Each Topic and Table 3. Six-Hour Non-Appraisal New Member ARB Curriculum Topics and Time Spent on Each Topic, of this subsection below. CPA’s ARB manual for the members is available at:

http://www.comptroller.texas.gov/taxinfo/proptax/pdf/96-1415.pdf

The successful respondent will present two hours of appraisal concept training beginning at 2:00 p.m. and concluding at 4:00 p.m. The full training session is eight hours, beginning at 8:00 a.m. and concluding at 5:00 p.m. (Central Time Zone).

TABLE 2

Two-Hour Appraisal Curriculum Topics and Time Spent on Each Topic

Methods of Appraising Property 2 hours total

What is an Appraisal?

• Generally Accepted Appraisal Methods and Techniques

• Uniform Standards of Professional Appraisal Practice

Mass Appraisal

• Characteristics of Mass Appraisal

• Jurisdictional Exceptions

Three Approaches to Value

• Market Data (or Sales) Comparison Approach o Selecting Comparable Properties o Listing Similarities and Differences o Adjusting the Comparables o Deriving an Opinion of the Subject's Value

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page o Appraising Land o Appraising Improvements

• Cost Approach o Defining Cost o Depreciation o Cost Approach in Mass Appraisal

• Income Approach o Capitalization Rate

Market Value versus Appraised Value

Appraisal of Business Personal Property

• Rendition of Personal Property

• Situs of Personal Property

• Valuation of Personal Property

• Inventory Valuation

• Special Problems in Inventory Appraisal

• Valuation of Commercial and Industrial Personal Property

Appraisal of Low-Income Housing

TABLE 3

Six-Hour Non-Appraisal New Member ARB Curriculum Topics and Time Spent on Each Topic

Chapter 1 ARB Member Qualifications, Appointment and Oath 6 hours total

Who can serve

Appointing the ARB

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

ARB member removal

Appointment of temporary ARB members

Appointment of auxiliary ARB members

Access to criminal history record information

Oath of office

Pay and training for ARB members

ARB officers

Chapter 2 ARB General Operations

Professionalism

Hearing location and procedures

Scheduling

Single-member panels

Special panels

Time limits

Support staff and legal counsel

ARB records

Conflicts of interest

Chapter 3 Six Parts of the ARB Process

Part 1 ARB receives Appraisal records

Part 2 ARB hears taxing unit challenges

Part 3 ARB hears property owner protests

Who may file

Filing deadlines

Forfeiture of remedy for nonpayment of taxes

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

Notice of protest

Notice of hearing

Right to inspect appraisal records

Delivery of evidence

Settlement by agreement and waiver of protest

Joint motion for agreed order

Property owner representation

Lessee’s representation

Granting a hearing

Conducting hearings

ARB ex parte contacts and affidavit

Appearance at the protest hearing

Postponements of hearings

Part 4 ARB issues orders of determination

Part 5 ARB approves appraisal records

Part 6 Certification

Ten protest grounds

Appraised value reflects market value

Chapter 5 Other protest grounds

Exemptions

Owner’s qualifications

Property’s qualifications and use

Taxable situs

Real property

Personal property

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

Property crossing state boundary lines

Multi-state equipment

Goods in interstate transit

Property crossing taxing unit lines

Taxation of business personal property used to produce income

Agricultural, timber and other special appraisal

Special inventory

Sept. 1 Appraisal

Ownership issues

Failure to provide notice

Other adverse actions

Chapter 6 Evidence and Burdens of proof

Types of evidence

Exchange of evidence

The Three R’s of evidence evaluation

Relevance

Reliability

Witness qualifications

Professional standards applied

What are generally accepted appraisal methods and techniques?

Rightness

Burdens of Proof

Preponderance of the evidence

Clear and convincing evidence

Official notice

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

Subpoenas and records

Weighing the evidence

Chapter 7 Duties after records approval

Late-filed exemption applications

Supplemental records

Late protest based on failure to deliver notice

Corrections after approval

Changes by the chief appraiser

Changes by ARB

Before delinquency date

Types of corrections

Combining and separating parcels

Tangible personal property

One-fourth over-appraisal error for residence homesteads

One-third over-appraisal error for non-residence homesteads

Joint motion on incorrect value

Forfeiture of remedy for nonpayment of taxes

Chapter 8 Post ARB review

Review in state district court

Regular binding arbitration

Appeal to State Office of Administrative Hearings

Model Hearing procedures

Statement of Compliance

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

D.3 Additional Requirements:

Successful Respondent’s training must present the course without bias toward one party or another in the ARB hearing process and may not show advocacy of participants in the ARB hearing process. Successful Respondent’s presentation, duties, responsibility, conduct, and classroom management and behaviors are detailed below:

a. Presentations should be balanced and cover competing viewpoints when relevant.

b. Successful Respondent must conduct and instruct State of Texas specific course(s) according to industry standards and State of Texas statutes, rules and procedures, in accordance with CPA rules and policies and be knowledgeable of the instructional material.

c. Successful Respondent must attend a CPA kickoff meeting with Property Tax Assistance Division staff, to discuss contract expectations and requirements. The kickoff meeting date will be coordinated after contract is awarded. CPA will not reimburse Successful Respondent for time and travel associated with this CPA kickoff meeting in Austin, Texas.

d. Continuing Education classes must begin at 8:30 a.m., Central Time Zone. Successful Respondent must arrive at class a minimum of thirty (30) minutes prior to start time to prepare to begin classes promptly. Successful Respondent must arrive at class a minimum of thirty (30) minutes prior to afternoon session start time to begin classes promptly at 1 pm. Successful Respondent must be available for 30 minutes after class ends to answer questions.

e. Successful Respondent must wear professional work attire and must act professionally.

f. Successful Respondent must maintain standards of conduct in the classroom setting and notify CPA as soon as possible of any occurrence of classroom irregularities, disruptions, or major challenges.

g. Successful Respondent must provide breaks for attendees at appropriate times during the instruction.

h. Successful Respondent must respond to CPA emails or phone calls within forty-eight (48) hours of CPA’s initial contact attempt via phone or email.

i. Successful Respondent will provide a written statement of suggestions for improvement of training delivery to include any misleading information that may require revision, deletion or additions to course materials based on class discussion, observation, and overall individual experience, and suggestions for possible improvements to CPA’s training program.

Successful Respondent is responsible for making his or her own travel arrangements, accommodations, and transportation to and from each live or telecast training site. CPA will not reimburse travel costs.

Successful Respondent is responsible for presenting all live, telecast, webinar or prerecorded video sessions for Legal Issues and Appraisal training sessions at the Comptroller’s designated location(s), potentially including locations in Austin, San Antonio, Houston or Conroe, El Paso, Pittsburg, Richardson, Ft. Worth, Brenham, Amarillo, Lubbock and Waco. Dates and locations of the live training sessions will be provided to Successful Respondent when established. Telecast presentations will be broadcast from Austin, group locations or individual locations around the state.

D.4 Trainer Minimum Qualification Requirements

Appraisal: The training must be provided by an appraiser with one of the following licenses or professional designations: Texas Appraiser Licensing and Certification Board (TALCB), Member, Appraisal Institute (MAI), Assessment Administration Specialist (AAS), Certified Assessment Evaluator (CAE), or Residential Evaluation Specialist (RES).

Appraisers licensed through the Texas Department of Licensing and Regulation and working for an appraisal district are not allowed to provide this training under Tax Code Section 5.041(c).

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

Legal Issues: The training must be provided by a licensed attorney in Texas with a Texas property tax law background. An attorney who represents or whose law firm represents the appraisal district or a taxing unit that participates in the appraisal district for which the ARB is established may not communicate with ARB members concerning this training under Tax Code Section 6.041(g)(5).

D.5 Optional Training Services:

CPA reserves the right to add one or more training sessions to take place in Austin or elsewhere or virtually at any time. Cost of the added session(s) will not exceed the quoted cost of other sessions.

D.6 Class Cancellation Requirements:

Either CPA or Successful Respondent may cancel a scheduled presentation, without penalty, upon written notice to the other party at least ten (10) business days prior to the scheduled training date. In lieu of cancellation, Successful Respondent may provide a qualified substitute to teach their portion of scheduled training.

• In the event a scheduled class is cancelled by CPA with less than ten (10) business days’ notice, the Successful Respondent will be paid for one day at Successful Respondent’s flat rate fee, as outlined in Section IV, Mandatory Price Sheet, Table 2.

• In the event a scheduled class is cancelled by Successful Respondent with less than ten (10) business days’ notice, CPA will not be responsible for any payment(s).

D.7 CPA Data Safeguard Standards.

a. Defined Terms. The term “CPA Data” refers to CPA’s information as well as other entity information in the possession of CPA that is processed, stored, or transmitted by a computer. CPA Data includes all data that is generated by Successful Respondent in performance of a contract with CPA. The term “CPA Information System” refers to those devices, software, networks and related infrastructure that CPA owns, operates or has obtained for use to conduct CPA business. Devices include, but are not limited to, CPA-owned or managed storage, processing, and communications devices, as well as personally owned devices.

b. Access to CPA Data. Successful Respondent represents and warrants that it will implement, maintain, and use appropriate administrative, technical, and physical safeguards to preserve the confidentiality, integrity, and availability of CPA Data. Successful Respondent will not collect, access, use, disclose, or retain CPA Data other than as necessary to perform the services specified in a contract resulting from this solicitation or as otherwise authorized in writing by CPA. Successful Respondent will restrict access to CPA Data to only those personnel who must have the information on a “need to know” basis. Successful Respondent will not use CPA Data, or any information derived from CPA Data, for its own benefit or the benefit of any other person or entity. Successful Respondent will not share CPA Data with its parent company or other affiliate without CPA’s express written consent.

c. Reserved.

d. Reserved.

e. Reserved.

f. Location of CPA Data. Successful Respondent shall ensure that CPA Data (i.e., primary and backup) remains, at all times, within the continental United States. Successful Respondent shall receive, process, transmit, and store all CPA Data within the continental United States. Successful Respondent’s point of access to CPA Data shall be within the continental United States.

g. Encryption Standards.

1. Successful Respondent shall encrypt CPA Data in transit and at rest. Data in transit means data is moving via email, in applications, or through browsers and other web connections. Data at rest

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

(including data backups) means data is stored in databases, the cloud, removable media, or mobile devices.

2. Successful Respondent shall utilize encryption standards that are FIPS 140-2 compliant or, upon the written approval of CPA’s Chief Information Security Officer, shall meet the intent of the standards as described in FIPS 140-2.

3. The minimum cryptographic algorithm used by Successful Respondent must be Advanced Encryption Standard (AES) 128 or higher (256 AES is preferred).

4. Successful Respondent shall encrypt CPA Data transmitted over a public or private network. CPA approved data encryption transmission protocols include the following: (1) SFTP (FTP over SSH), (2) FTPS (FTP over TLS), (3) HTTPS (HTTP over TLS), and (4) virtual private network.

h. Reserved.

i. Auditable Information Security Framework. Successful Respondent shall secure its own and its third-party service providers’ systems (e.g., IT service provider, Cloud Service Provider) in a manner consistent with an auditable information security framework e.g., National Institute of Standards and Technology (NIST), International Organization for Standardization (ISO) 27001.

j. Reserved.

k. Supply Chain Risk Management. Successful Respondent shall provide CPA’s Contract Manager a description of how it manages supply chain risks. Specifically, Successful Respondent shall describe its established agreements and procedures with entities involved in the supply chain for the notification of supply chain risks, compromises, and the result of assessments or audits. During the term of the contract, Successful Respondent shall provide CPA’s Contract Manager prompt, written notice of supply chain risks that impact the delivery of the products and services of the Contract. Examples of supply chain risks include supplier financial failure, production control/product quality, market supply and demand, labor disputes/shortages, cybersecurity threats, natural disasters. Successful Respondent shall notify CPA of a supply chain compromise and potential compromise in accordance with Section G Security Incident Notification.

l. Reserved.

m. Media Sanitization. Successful Respondent shall sanitize information system media, both digital and non-digital, in accordance with NIST Special Publication 800-88 (Guidelines for Media Sanitization) when CPA Data in the custody of Successful Respondent is no longer required to be retained by contract with CPA. Successful Respondent must maintain a record documenting each sanitization procedure that, at a minimum, includes the following information: (i) date sanitization completed, (ii) description of the item(s), serial number(s), inventory control number(s), if applicable, and (iii) sanitization method used.

No later than sixty (60) calendar days from contract expiration or termination or as otherwise specified in the Contract, Successful Respondent must either (i) complete the sanitization and submit via email to the CPA Contract Manager all sanitization documentation or (ii) submit a written statement via email to the CPA Contract Manager explaining the reason that destruction of CPA Data by Successful Respondent is technically impossible or impractical. Successful Respondent’s obligations set forth in this clause survive the termination or expiration of the contract as long as Successful Respondent retains CPA Data.

n. Third-Party Service Providers. It is Successful Respondent’s sole responsibility to ensure that its access and the access Successful Respondent grants to its service providers to CPA Data or CPA Information Systems does not result in unauthorized access to CPA Data or CPA Information Systems.

o. Reserved.

p. Reserved.

q. Reserved.

RFP # 304-25-0025DG: Appraisal and Legal New and Continuing Education Training Services for Appraisal Review Board Members Page

r. State Authorization and Risk Management Program (TX-RAMP). Successful Respondent shall obtain

TX-RAMP certification in accordance with the Department of Information Resources (DIR) Program Manual. CPA requires the following TX-RAMP certification based-on Agency criteria:

1. _X_ None. Product is out of scope/low impact in accordance with the DIR TX-RAMP Manual.

2. __ Level 1 Certification. The product will administer Agency public data.

3. __ Level 2 Certification. The product will administer Agency sensitive, confidential, and/or regulated data.

Upon Contract award, Successful Respondent shall maintain compliance with TX-RAMP program requirements and certification throughout the term of the contract. Successful Respondent shall notify the CPA Contract Manager immediately if TX-RAMP certification is revoked or otherwise removed.

s. Reserved.

t. Reserved.

D.8 Liquidated Damages. In submitting a Proposal, Respondent agrees that the measure of damages in the event of a default or breach by Successful Respondent may be difficult or impossible to calculate. In the event Successful Respondent fails to perform Services or complete the obligations under the Contract in a timely manner, CPA may require Successful Respondent to pay, as liquidated damages and not as a penalty, an amount equivalent to two percent (2%) of the total cost for Services or obligations not completed as required by the Contract per calendar day of delay. CPA may impose, but is not obligated to impose, these liquidated damages in lieu of any monetary damages available to CPA under the Contract or applicable law.

D.9 Optional Features, Products or Services. If Respondent believes there are additional features, products or services that would benefit CPA under this RFP, Respondent may describe such features, products or services and include pricing for such features, products, or services in the Mandatory Price Sheet. Optional features, products or services are not scored as part of the evaluation process.

E. Contract Resulting from this Solicitation; Order of Priority

Respondent’s Proposal is a legal offer to contract based upon the terms, conditions, and specifications set forth in this RFP. “Contract” means (1) a valid PO issued by CPA or (2) a formal, written agreement between CPA and Successful Respondent, if any. The Contract is effective as of the Award Date and will be between CPA and the Successful Respondent. Successful Respondent shall be solely responsible to CPA for all performance by Successful Respondent’s employees, representatives, agents, subcontractors, suppliers, third-party service providers, and similar entities (“Persons” for purposes of this sentence) and for ensuring that all such Persons comply with applicable provisions of this RFP and the Contract. The entire Contract between CPA and Successful Respondent shall consist of the following documents, which shall control in the following order of priority, except as otherwise provided in the formal, signed agreement between the parties or CPA’s PO: (1) the PO and PO Change Notices (POCN), if any; (2) the formal, signed agreement, if any;

(3) this RFP; and (4) Successful Respondent’s Proposal (collectively, these documents constitute the “Contract”).

F. Warranty of Performance

Successful Respondent represents and warrants that its performance under the Contract shall be conducted conscientiously in a professional and workmanlike manner to the full extent of Successful Respondent’s talents and capabilities with due diligence and in full compliance with the highest professional standards of practice in the industry applicable to the Services.

G. Security Incident Notification

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Successful Respondent shall have policies and procedures for the effective management of Security Incidents, which shall be made available to CPA upon written request. Within twenty-four (24) hours of Successful Respondent’s discovery or reasonable belief that there has been an event which results in the accidental or deliberate unauthorized access, loss, disclosure, modification, disruption, or destruction of confidential CPA information (“Security Incident”), Successful Respondent shall provide notice to CPA by calling (800) 531- 5441 EXT 34357. Until the investigation is complete, Successful Respondent shall submit, on a daily basis or as otherwise agreed by CPA, a written report via encrypted email to security.alerts@cpa.texas.gov that includes, at a minimum, the following:

• Date and time incident occurred,

• Date and time incident detected,

• Date and time incident contained,

• Address where incident occurred,

• Name of person(s) that discovered incident,

• Description of how Successful Respondent discovered incident,

• Type of CPA information involved,

• Description of the nature of the incident,

• Description of the steps Successful Respondent has taken or will take to investigate incident,

• Description of the steps Successful Respondent has taken or will take to mitigate any negative impacts of incident,

• Information technology involved (e.g., laptop, server, mainframe),

• Description of steps taken to preserve computer evidence and maintain chain of custody, and

• Description of corrective action Successful Respondent has taken or will take to prevent future incidents.

Successful Respondent shall coordinate all media or other breach notifications with CPA in advance of such notification(s), unless expressly prohibited by law. Subject to review and approval of CPA, Successful Respondent shall provide notice at its own cost that satisfies the requirements of applicable law to individuals whose information was compromised or likely compromised as a result of the Security Incident. If CPA, in its sole discretion, elects to send its own separate notice, then all costs associated with preparing and providing the notice shall be reimbursed to CPA by Successful Respondent. If Successful Respondent does not reimburse such costs within thirty (30) days of CPA’s written request, then CPA shall have the right to collect such costs. CPA reserves the right to conduct an independent investigation of any Security Incident, and should CPA choose to do so, Successful Respondent shall cooperate fully with CPA and assume responsibility at its own expense for making personnel, resources, and systems access available to CPA and CPA’s authorized representative(s).

H. Insurance and Bonds

Successful Respondent represents and warrants that it shall obtain and maintain the following coverages throughout the term of the Contract and that all coverages shall be with companies licensed in Texas with an “A” rating from A.M. Best Co. authorized to provide the required coverages:

• Blanket Employee Dishonesty Bond or Employee Dishonesty Coverage under a liability insurance policy with a minimum $25,000 for each individual who will provide Services. A rider or endorsement shall name the Texas Comptroller of Public Accounts as loss payee or additional named insured under the respective bond or policy.

• Standard Workers Compensation Insurance covering all individuals who will provide Services.

• Commercial General Liability Insurance: $1,000,000 minimum each occurrence limit; $2,000,000 minimum aggregate limit.

• Professional Liability Insurance: $1,000,000 minimum each occurrence limit; $2,000,000 minimum aggregate limit.

• Commercial Automobile Insurance: $500,000 combined single limit (for each accident).

mailto:security.alerts@cpa.texas.gov

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All of the above policies and bonds shall contain endorsements prohibiting cancellation except upon thirty

(30) calendar days’ prior written notice to CPA. Successful Respondent shall furnish proof to CPA of such coverage in the form of a Certificate of Insurance from Successful Respondent’s insurance carrier(s) indicating the required coverages. The certificate shall be addressed to CPA as the certificate holder.

Successful Respondent shall submit proof of required insurance coverage withing five (5) days after the Effective Date, and annually thereafter, via email, referencing the PO number, to the following address:

contract.administration@cpa.texas.gov.

I. Criminal Background Investigation

1. Criminal Background Investigation by Successful Respondent. Prior to an Assigned Personnel commencing Services under the Contract, Successful Respondent shall conduct a criminal background investigation and provide written notice via email to CPA’s Criminal Investigation Division of any Assigned Personnel that have any felony criminal conviction(s). If any information for the Assigned Personnel changes during the Contract Term, Successful Respondent shall provide written notice via email to CPA’s Criminal Investigation Division no later than three (3) business days after Successful Respondent’s discovery of such changed information that relates to felony criminal conviction(s). Written notice to CPA’s Criminal Investigation Division shall be submitted to cid.analysts@cpa.texas.gov.

Successful Respondent’s exercise of due diligence in conducting the criminal background investigation shall include, at a minimum, the following: (1) compliance with Successful Respondent’s published policies and procedures for background and criminal conviction checks and (2) a comprehensive search of the public information portion of Texas Department of Public Safety criminal conviction database located at: https://publicsite.dps.texas.gov/ConvictionNameSearch/. If Successful Respondent asserts that a search of the Texas Department of Public Safety criminal conviction database is not appropriate for a particular Assigned Personnel, Successful Respondent must provide written notice via email to CPA’s Criminal Investigation Division that explains the proposed alternate approach for conducting the criminal background investigation.

For purposes of this clause, “Assigned Personnel” includes, without limitation, all individuals provided by Successful Respondent under the contract resulting from this RFP who will or may (1) be assigned as lead or key personnel; (2) provide Services on-site at CPA’s premises; or (3) access CPA information resources, i.e., the procedures, equipment, and software that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit information, and associated personnel including consultants and contractors. At CPA’s written request, Successful Respondent shall replace Assigned Personnel that has any felony criminal conviction(s).

Within five (5) business days of receipt of a written request by CPA’s Criminal Investigation Division during the Contract Term, Successful Respondent shall provide written notice to CPA’s Criminal Investigation Division of any Assigned Personnel that have any felony criminal conviction(s).

2. Criminal Background Investigation by CPA. At CPA’s discretion, CPA may conduct a criminal background investigation on Successful Respondent’s Assigned Personnel. Should any Assigned Personnel not be acceptable to CPA due to a finding of felony criminal conviction(s) as a result of the criminal background investigation, Successful Respondent shall replace such Assigned Personnel upon CPA’s written request or CPA may terminate the Contract.

3. Remedies. If CPA becomes aware that Successful Respondent provided false information, Successful Respondent fails to promptly notify CPA of changed information that related to felony criminal convictions, or Successful Respondents fails to replace Assigned Personnel as required by this Section, Successful Respondent shall be in breach of contract and CPA shall have the option to terminate the Contract without further obligation to Successful Respondent as well as pursue all other remedies and rights available to CPA under contract, at law, or in equity.

J. Contract Term; Survival of Terms mailto:contract.administration@cpa.texas.gov mailto:cid.analysts@cpa.texas.gov https://publicsite.dps.texas.gov/ConvictionNameSearch/

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The Initial Term of the Contract shall be from October 1, 2024 to August 31, 2025. CPA may, in its sole discretion, exercise the option to extend the Contract for up to three (3) additional, one (1) year periods. The optional additional periods are September 1, 2025 through August 31, 2026; September 1, 2026 through August 31, 2027; and September 1, 2027 through August 31, 2028. “Contract Term” means the Initial Term and any optional additional periods exercised. To exercise an option to extend the term, CPA will notify Successful Respondent; such notice may be by PO issuance. Termination of the Contract for any reason shall not release Successful Respondent from liability or obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, e.g., indemnification, confidentiality, dispute resolution, records retention, CPA data security terms, and right to audit.

K. Acceptance Criteria

Prior to payment, CPA will evaluate the provided products and/or Services using the following criteria and any additional acceptance criteria agreed to by the parties prior to the Award Date and included in the Contract:

1. The products and/or services must meet all specifications and standards of performance in the Contract;

and

2. The products and/or services must comply with all published specifications.

L. Payments

Payment(s) to Successful Respondent will be based upon the schedule described in Section IV (Mandatory Price Sheet) and the Contract. CPA may, in its sole discretion, process payments on a monthly basis. CPA makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the Contract. Payment shall be made in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code (“Chapter 2251”) and Chapter 2251 shall govern remedies for late payment. Payments will be made to Successful Respondent as provided in Section V, Provision for Direct Deposit or Warrant.

M. Discounts

If Successful Respondent provides a discount on the final Contract costs at any time during the term of the Contract, Successful Respondent will notify CPA in writing ten (10) calendar days before the effective date of the discount. CPA will generate a POCN and send it to Successful Respondent. If an early payment discount is available to CPA, then Respondent’s Proposal must describe the early payment discount offered and the discount percentage that would apply to CPA’s early payment within ten (10), fifteen (15), twenty (20) or twenty-five (25) calendar days after receipt of a correct invoice. Successful Respondent shall also specify any applicable, early payment discount option(s) on each submitted invoice.

N. PO Addition and Deletion

CPA reserves the right, in its sole discretion, to add or delete products or Services during the Contract Term.

All additions or deletions will be processed through CPA’s Procurement Section. The rate at the time of the addition or deletion shall be the same as the rate quoted in the Contract for the same model product or Service. The effective date of any addition or deletion will be no later than five (5) business days after receipt of CPA’s written notification of the addition or deletion. For this purpose, written notification includes registered mail, regular mail, or email with confirmation receipt.

For any additions, CPA’s Procurement Section will provide a POCN to Successful Respondent. The total number of additions allowed to CPA is determined by the number CPA chooses to purchase. For any deletions, CPA’s Procurement Section will provide a POCN to Successful Respondent with the effective date of the deletion, the amount of the reduction or refund (if any), and the equipment serial number or other specific equipment information to identify equipment, if applicable.

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O. HUB Subcontracting Plan Information

In accordance with Section 2161.252 of the Texas Government Code and 34 Texas Administrative Code §20.285, each state agency that considers entering into a contract with an expected value of $100,000 or more over the life of the contract (including any renewals) shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract.