ESBD_383469_1732652123746_RFO 304-25-0497WF Opex Scanner Control Unit - Final.pdf

RFO# 304-25-0497WF Opex Scanner Control Units Page 1 of 28 (Rev. 12/2023)

IF NOT SUBMITTING AN OFFER

DO NOT RETURN THIS FORM.

Respondent agrees to comply with all conditions of this RFO.

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

REQUEST FOR OFFERS

(RFO)

OFFER OPENING12/10/2024 at

2:00pm CT

RFO#304-25-0497WF

RFO Issued11/26/2024

FAILURE TO SIGN WILL DISQUALIFY OFFER

AUTHORIZED SIGNATURE DATE

Name of Respondent: _____________________________________

Address: _______________________________________________

City, State, Zip: __________________________________________

*By signing this Offer, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

AGENCY INVOICE ADDRESS:

Texas Comptroller of Public Accounts Accounts Payable 111 E. 17th Street Austin, Texas 78774

QUOTE F.O.B. DESTINATION FOR SHIPMENT TO:

Software Asset Management Team Email: SW.Licensing@cpa.texas.gov

Texas Comptroller of Public Accounts Distribution Center 1811 Airport Blvd.

Austin, Texas 78702

DELIVERY IN____DAYS, CASH DISCOUNT___%___DAYS

The Texas Comptroller of Public Accounts (CPA) issues this Request for Offers (RFO) to solicit pricing from qualified vendors for automated information system (AIS) type equipment and/or services as described in this RFO.

RFO Terms: CPA terms and conditions are set forth in this RFO.

All Costs: Respondent must include all costs for providing the requested items as defined in this RFO on the Mandatory Price Sheet.

CLASS & ITEM: 208-88 (Scanners, Document; Handheld, Desktop and High Volume); 209-62 (OCR and Scanner Software, Mainframes and Services;

924-35 (Educational and Training Services - In-Service Training, Employees)

OFFERS MUST BE SUBMITTED ELECTRONICALLY VIA EMAIL TO:

bidcpa@cpa.texas.gov; with a copy to the CPA designated contact at:

wendy.foley@cpa.texas.gov.

All attachments to the email must be in a format that is accessible to CPA (specific acceptable formats include Word, Excel, and pdf).

CPA strongly encourages Respondent to send the email with the attached Offer at least fifteen (15) minutes prior to the Deadline for Submission of Offers as specified in this RFO to allow for any networking delays that may occur (e.g., firewalls, security scans, etc.).

VENDOR IDENTIFICATION NUMBER

Texas Identification Number: ____________________________________

PREFERENCES

Check below to claim a preference under 34 TAC Rule 20.306:

AN IDENTIFICATION NUMBER IS REQUIRED TO PROCESS PAYMENT

FOR GOODS/SERVICES PURCHASED AGAINST CONTRACT AWARDS.

THE FEDERAL EMPLOYER IDENTIFICATION NUMBER (EIN) WILL BE

USED TO ESTABLISH A PAYEE ID NUMBER. PLEASE ENTER YOUR

FEDERAL EIN: □□□□□□□□□□

Unique Entity ID ___________________________________

CHECK HERE IF YOU ARE A SOLE OWNERSHIP OR PARTNERSHIP: □

In an effort to minimize identity theft, every company MUST have an Employer Identification Number (EIN), also known as a federal tax identification number prior payment under an awarded contract. For information on obtaining your EIN, you may call the IRS at 800-829-4933 or visit the following web site:

http://www.irs.gov/businesses/

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

□ Commercial production company or advertising agency located in

Texas

Respondent’s point of contact for the submitted Offer:

Name: ______________________________________

Phone #: ______________________________________

Fax #: ______________________________________

Email: ______________________________________ mailto:SW.Licensing@cpa.texas.gov mailto:bidcpa@cpa.texas.gov mailto:PurchaserName@cpa.texas.gov http://www.irs.gov/businesses/

RFO# 304-25-0497WF Opex Scanner Control Units Page 2 of 28

SECTION I

SPECIFICATIONS

A. Introduction

The Texas Comptroller of Public Accounts (CPA), a state agency, issues this Request for Offers (RFO) to solicit pricing for Opex Scanner Control Units as described in this RFO (Services). CPA’s objective is to obtain Services that represent the best value for CPA and the State of Texas according to the terms and conditions listed in this RFO.

CPA anticipates making a contract award to one (1) Successful Respondent for the Services. CPA reserves the right not to award a Contract for the performance of all or part of the Services. This RFO 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 offer their best pricing at all times.

All costs associated with the Services must be included in Section II (Mandatory Price Sheet) and submitted in the Respondent’s Offer. Offers that do not meet all of the requirements or contain all of the required documentation specified in this RFO may be rejected as non-responsive.

CPA understands that the requested items in this RFO may be proprietary to one vendor under Section 2155.067 of the Texas Government Code; however, CPA strongly encourages Offers from all qualified Respondents that may be able to provide the Services.

B. Background

CPA is responsible for operating and maintaining the statewide financial accounting systems, state tax administration and collection systems, treasury operations and statewide enterprise resource planning. CPA is a fast-paced agency with approximately 3,000 employees. CPA has six (6) offices in Austin, Texas including its headquarters, thirty-seven (37) field offices across the State of Texas and four (4) out-of-state field offices.

The Comptroller of Public Accounts executed a contract in June 2014 for an Enterprise Content Management System (ECMS). The ECMS brought in new software, Hyland OnBase and AnyDoc, and set up a new agency document repository, data/remittance entry systems and electronic workflows. A key component of ECMS was the use of Opex high volume document scanners.

The functionality of the scanners is critical to ECMS, and only Opex scanners can be used in the division without extensive additional programming. The scanners are used to systematically identify different types of tax forms, identify backup documents, identify checks and capture MICR (magnetic ink character recognition) information and dollar amounts used in electronic deposits, separate checks, and forms and to identify envelopes to mark the end of document sets. In fiscal 2024, the agency processed through the Opex Falcon scanners over 450,000 tax returns, 344,000 checks and 6,770,000 document images.

Opex Scanners Windows 10 support is coming up an end of life in 2025. CPA is seeking to replace 6 of the existing Opex Scanner Control Units with Windows 10 with a newer Windows 11 version of the Opex Scanner Control Unit.

C. Definitions and Acronyms

1. Award or Effective Date. The Award or Effective 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.

2. Contract. The agreement, if any, described in Section I, Part E (Contract Resulting from this Solicitation/Order of Priority).

3. Offer. A response to this RFO.

4. Respondent. Any person or entity that submits an Offer.

5. Respondent. The Respondent awarded a Contract, if any.

6. Equipment. The hardware selected by CPA for inclusion under any contract resulting from this PR.

7. OEM. Original Equipment Manufacturer.

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D. Scope of Services

Successful Respondent shall provide Services that meets CPA’s minimum requirements as described in this RFO.

Successful Respondent’s Services shall include at a minimum the following:

1) Delivery (See Section);

2) Inspection and testing (See Section);

3) Installation (See Section);

Delivery: The successful respondent shall deliver Control Units workstation desktop with updated windows 11operating system and all Opex software loaded and configured. The Units are subject to testing, analysis and hardening by CPA staff. CPA will work with Opex on any issues detected.

Inspection and Testing: The Successful Respondent shall physically unpack, inspect, and verify correct part numbers, power-up, test, and configure all items procured from this RFO.

Installation: Once acceptance is complete, the Successful Respondent shall provide the signed ‘In Production and Acceptance’ certificate.

D.1 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. Web-Based Remote Access to CPA Information Systems. Successful Respondent may use third-party web-based remote access connections to CPA Information Systems to provide support services under the following conditions:

1. CPA shall affirmatively initiate and accept Successful Respondent’s connections to CPA Information Systems.

2. CPA shall monitor Successful Respondent’s connections to CPA Information Systems for the duration of the

Services.

3. CPA shall terminate Successful Respondent’s connections to CPA Information Systems upon completion of the

Services.

d. Reserved.

e. Reserved.

f. Reserved.

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 (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.

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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. Defects and Vulnerabilities. Upon Contract award and during the term of the Contract, Successful Respondent shall provide CPA with prompt, written notice upon Successful Respondent’s discovery of any product defects and vulnerabilities of the proposed Licensed Solution/System that allow an attacker to violate an explicit (or implicit) security policy to achieve some impact or consequence. Examples of vulnerabilities include defects that allow intruders to gain increased levels of access or interfere with the normal operations of information systems.

Vulnerabilities caused by insecure configurations, design choices, and changing environmental conditions are additional examples.

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 35 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. Reserved.

o. Reserved.

p. Reserved

q. Reserved

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.

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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.2 Accessibility Compliance. Successful Respondent shall provide Licensed Software that complies with the applicable, statutorily required accessibility standards for the State of Texas. In the event that the Licensed Software does not meet or exceed the applicable statutorily required accessibility standards for the State of Texas, Successful Respondent shall provide technical support and Licensed Software documentation necessary to enable CPA to comply with the State of Texas reporting requirements outlined in 1 Texas Administrative Code Chapters 206 and 213. Such assistance includes, but is not limited to, Successful Respondent providing a Voluntary Product Accessibility Template (VPAT) or a similar report in substantially the same format as a VPAT. Successful Respondent shall respond to all written inquiries from CPA regarding the Licensed Software’s compliance with requisite accessibility standards within five

(5) business days of receiving such request.

D.3 Liquidated Damages. In submitting an Offer, 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, as defined in Section I, Part E (Contract Resulting from this Solicitation/Order of Priority), 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.

E. Contract Resulting from this Solicitation/Order of Priority. Respondent’s Offer is a legal offer to contract based upon the terms, conditions, and specifications set forth in this RFO. A contract award by CPA may be by (1) valid PO or (2) a formal, written agreement between CPA and Successful Respondent. The Contract is effective as of the Award Date and will be between CPA and the Successful Respondent. 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 or PO: (1) the formal, signed agreement, if any; (2) the PO and PO Change Notices (POCN), if any; (3) this RFO; and (4) Successful Respondent’s Offer (collectively, the “Contract”).

F. Payments. Payment(s) to Successful Respondent will be based upon the schedule described in Section II (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.

Generally, subject to several exceptions, the Texas Prompt Payment Act requires payments to be made no later than 30 days after the later of the date goods are received, services are completed, or an undisputed invoice is received. Payments will be made to Successful Respondent as provided in Section III (Provision for Direct Deposit or Warrant).

G. PO Addition and Deletion. CPA reserves the right, in its sole discretion, to add or delete products or Services during the period(s) covered under the Contract. 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 indicating the effective date of the deletion, the amount of the reduction or refund (if any), and sufficient details to identify the product or Service.

H. Respondent Documents.

All Respondent documents that are related to the Services, this RFO, Respondent’s Offer, or a Contract including, but not limited to, boilerplate service agreements, service schedules, published specifications, warranty information, terms of service, ordering documents, maintenance agreements, and license agreements, are collectively referred to in this RFO as “Respondent Documents.” Respondent must include copies of all proposed Respondent Documents with

RFO# 304-25-0497WF Opex Scanner Control Units Page 6 of 28

Respondent’s Offer. CPA reserves the right, in its sole discretion, to amend the Respondent Documents to conform to this RFO and State of Texas law and provide them to Respondent for approval and signature prior to Contract award.

Respondent Documents that are (1) submitted as part of the Offer and (2) amended to conform to this RFO and Texas law through mutual, written agreement of Successful Respondent and CPA will be incorporated as part of the Contract. In its Offer, Respondent must provide complete copies of all license and maintenance agreements applicable to the Licensed Software or Services. Upon CPA’s written request, Respondent shall promptly provide to CPA a Word version of each document.

I. Respondent Exceptions

If Respondent takes any exception to any provisions of this RFO, the exceptions must be specifically and clearly identified by section number in Respondent’s Offer as provided in Section IX (Respondent Exceptions Response Template).

Respondent’s proposed alternative must also be provided in the Offer; however, it is acceptable for Respondent to reference the terms of a previous contract with CPA. If a Respondent takes a “blanket exception” to the entire RFO or does not propose alternate language for CPA’s consideration, Respondent’s Offer may be considered non-responsive and disqualified from further consideration.

Respondents are strongly encouraged to submit any inquiries regarding specific terms or conditions of this RFO during the question-and-answer period designated in Section I (Summary).

J. Respondent’s Past Performance

Comptroller may conduct reference checks with other entities regarding past performance of Respondent or its subcontractors. In addition to evaluating performance through the Vendor Performance Tracking System (VPTS) as authorized by 34 Texas Administrative Code §20.115, Comptroller may examine other sources of vendor performance, including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Such sources of vendor performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, Comptroller may initiate such examinations of vendor performance based upon media reports. Any such investigations shall be at the sole discretion of Comptroller, and any negative findings, as determined by Comptroller, may result in a non-award to Respondent. The Vendor Performance Tracking System information is located on Comptroller’s website at:

https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

K. Offer Content, Format, and Submission Requirements.

1. Offers must be emailed to bidcpa@cpa.texas.gov, with a copy to the CPA Contact Person identified in Section I, Part 8.

2. The subject line of the email must include Respondent’s name and a reference to RFO No. 304-25-0497WF;

3. CPA strongly encourages Respondent to send the email with the attached Offer at least fifteen (15) minutes prior to the Deadline for Submission of Offers. Late Offers will not be accepted.

4. Respondent Questionnaire: Respondent’s Qualifications, Experience and Past Performance. In its Offer, Respondent must provide information regarding Respondent’s Qualifications, Experience, and Past Performance that address the following:

a. Profile. In its Offer, Respondent must provide a profile that:

1. describes the size and scope of all of Respondent’s operations, including number of Respondent’s employees and years in business;

2. describes the general nature of previous similar work performed by Respondent, particularly work in the last three (3) years;

3. describes Respondent’s prior contracting experience with CPA and other public sector entities;

4. includes a statement regarding the financial stability of Respondent, including the ability of Respondent to perform the Services and any other services proposed in its Offer; and

5. includes any other information Respondent believes is pertinent to this RFO (e.g., certificates, industry awards).

5. Cancellations or Terminations. Respondent must list all contracts or purchase orders that Respondent executed or accepted within the last three (3) years, and which were canceled or terminated before completion by any state agency or other entity with which Respondent contracted. For each cancelled or terminated contract or purchase order, https://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

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Respondent must include a detailed explanation for the cancellation or termination and final resolution of the matter.

Include the names and telephone numbers of each such agency or firm’s contact person. If there were no contracts or purchase orders cancelled or terminated before completion in the last three years, specify none.

6. Respondent Narrative. In its Offer, Respondent must submit a detailed narrative explanation of how the offered services will meet the requirements of Section I, Part D (Scope of Services). Respondent must provide in its Offer all the information requested in the Scope of Services in conformity with the structure outlined in Section I, Part D (Scope of Services). In the narrative, Respondent must also provide the following:

a. copies of all Respondent Documents applicable to the proffered Services. Refer to Part I.

b. a detailed description of how Respondent will provide problem or trouble resolution, its escalation procedures, and the timeframe in which Respondent will respond to CPA’s request for maintenance and technical support.

c. a description of the qualifications of personnel who will provide the offered Services. Respondent must also describe its organizational structure and staffing levels that will support the offered Services, including Respondent’s policies for retaining personnel and engaging additional, qualified personnel, if necessary, to support the requirements set forth in this RFO. In addition, Respondent must identify all proposed personnel who will or may provide services under the Contract. For each proposed individual, Respondent must provide a resume that includes the following information: (1) professional employment history, (2) education, (3) relevant professional training, and (4) professional certifications. Respondent must also identify the roles and responsibilities of the proposed personnel and provide an organizational chart depicting the lines of authority and functional titles of the proposed personnel.

d. If offered, Respondent must describe in its Offer any optional features, products or services that would benefit CPA, but are not part of the minimum requirements of this PR. Respondent must provide line-item pricing for each option, product or feature on the Mandatory Price Sheet in Section II. Optional features, products or services will not be considered in the Evaluation Process.

7. Information Security Submission Requirements:

a. Compliance with CPA Data Safeguard Standards. Respondent shall describe its approach and methodology for meeting the requirements in Section I, Part D.1 (CPA Data Safeguard Standards).

b. Data Security Breach History. Respondent shall disclose any data security breach incidents, including pertinent, public information describing the breach such as the date of the incident, date of incident discovery, cause of the incident, and remediation efforts undertaken by Respondent.

c. Defects and Vulnerabilities. Respondent shall disclose product defects and vulnerabilities above of the proposed Licensed Software/Solution/System described in Section I, Part D.1.j (Defects and Vulnerabilities) known to Respondent at the time of Offer submission.

d. System Development Life Cycle. Respondent shall provide a written description of its system development lifecycle that addresses security engineering methods, software development methods, testing/evaluation/validation techniques, and quality control processes.

8. Required Forms. The following documents must be completed, signed, and included in the Offer:

a. Signed Offer (See page 1),

b. Mandatory Price Sheet (See Section II),

c. Nondisclosure Agreement (See Section IV),

d. Confidential Treatment of Information Acknowledgment (See Section V),

e. Conflict of Interest/Disclosure Statement (See Section VI),

f. Certification Regarding Public Nature of Offer (See Section VII), and,

g. Contractor Cybersecurity Training Attestation Form (See Section IX).

L. Anticipated Schedule of Events. CPA currently anticipates that the selection of Successful Respondent and award of the Contract will proceed according to the following schedule:

Date Event

11/26/24 Issuance of RFO 12/03/24 Deadline for Submission of Questions (2:00 p.m., CT)

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12/06/24 Release of Official Responses to Questions (or as soon thereafter as practical) 12/10/24 Deadline for Submission of Offers (2:00 p.m., CT)

Late Offers will not be considered 12/31/24 Anticipated Contract Award

CPA reserves the right, in its sole discretion, to change the dates listed in the Anticipated Schedule of Events. Notices of changes to items directly impacting the original RFO or solicitation process will be emailed to Respondent’s point of contact.

M. Questions and Answers.

1. Questions regarding this PR must be submitted via email by the deadline specified in Part L (Anticipated Schedule of Events) to bidcpa@cpa.texas.gov with a copy to CPA’s designated contact provided on page one. Respondent is solely responsible for verifying CPA’s timely receipt of its questions by the specified deadline.

2. Telephone inquiries will not be accepted.

3. CPA intends to release the Official Responses to Questions received by Potential Respondents to the Respondents’ points of contact via email on the date set forth in Section I, Part L (Anticipated Schedule of Events).

N. RFO Notices. Notices of changes to items directly impacting the original RFO or solicitation process (e.g., addendum to the RFO, questions received from potential Respondents) will be emailed to Respondent’s point of contact. Respondent is solely responsible for verifying CPA’s receipt of its questions, if applicable, and Offer by the deadlines specified in this

RFO.

O. Evaluation Process. Evaluation of Offers will begin as soon as practical after receipt. Offers that are responsive to the

RFO will be evaluated using the following criteria and weights:

Criteria Weight Costs 40% Compliance with CPA Specifications 40% Respondent’s Qualifications, Experience, and Past Performance 20% Total: 100%

Best and Final Offers may be sought from Respondents whose Offers are ranked most highly by the evaluation committee.

However, CPA encourages Respondents to offer their best pricing at all times. CPA reserves the right in its sole judgment and discretion, and at any time upon failure of negotiations, to reissue or withdraw the RFO rather than continue with negotiations.

P. Contact with CPA Staff. Upon issuance of this RFO, employees and representatives of CPA, other than the CPA Contact Person identified on page one, will not discuss the contents of this RFO 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 Offer. This restriction does not preclude discussions between the parties to conduct business unrelated to this procurement.

Q. Contractor Cybersecurity Training Attestation Form. If applicable, Successful Respondent must complete, sign and return to CPA at contract.administration@cpa.texas.gov the form in Section VIII within sixty (60) days of the Contract Effective Date and annually thereafter.

mailto:contract.administration@cpa.texas.gov

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SECTION II

MANDATORY PRICE SHEET

Respondent must include all costs for providing the Services for the items listed on this Mandatory Price Sheet. CPA will not prepay any amounts. The not-to-exceed prices associated with the Services shall be inclusive of all travel, meals, lodging, or other related expenses.

Price Schedule 1 Control Unit

Line# Description Qty Unit of Measure Unit cost Total Price

1 Opex Scanner Control Unit 6 EA $ $

Total Price Schedule 2 $

THIS FORM MUST BE COMPLETED. SIGNED, DATED AND SUBMITTED WITH OFFER

Respondent’s name: ____________________________________________________Date:_______________

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THIS FORM MAY BE COMPLETED. SIGNED, DATED AND SUBMITTED WITH OFFER

Respondent’s name: ____________________________________________________Date:_______________

Price Schedule 2

Optional Features, Products, or Services (Refer to Section I, Part K.6.d)

Description Unit of

Measure Optional Renewal Terms

1 Insert lines as necessary for each offered

Optional Feature, Product, or Service 1 Each $ $ $

Total for Price Schedule 1 $ $ $

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SECTION III

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

REQUEST FOR OFFERS (RFO)

STANDARD TERMS AND CONDITIONS

Items below apply to and become a part of Respondent’s Offer.

1. OFFER REQUIREMENTS:

1.1 Offers must be time stamped at Texas Comptroller of Public Accounts (CPA) on or before the hour and date specified for the offer opening on page 1 and Respondent must sign page 1.

1.2 Late and/or unsigned Offers will not be considered under any circumstances. The person signing the Offer must have the authority to bind the Respondent in a contract.

1.3 Respondents must comply with all rules, regulations, and statutes relating to purchasing in the State of Texas in addition to the requirements of this RFO.

1.4 Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

1.5 Quote F.O.B. (Freight on Board) destination, freight prepaid, and allowed unless otherwise stated within the specifications.

1.6 Offer prices are requested to be firm for CPA acceptance for 120 days from the offer opening date. "Discount from list" offers are not acceptable unless requested. Cash discounts are not considered in determining the best value. Cash discounts offered will be taken if earned.

1.7 Offers should give Texas Identification Number (Payee ID Number), full Respondent name, and address of Respondent on Page 1. The Payee ID Number is the taxpayer number assigned and used by CPA. If this number is not known:

• Provide the Federal Employer Identification Number (Federal EIN) on Page 1.

• For Respondent that is a sole proprietor that does not have a Texas Identification Number or Federal EIN, should enter Social Security

Number:

1.8 Offer cannot be altered or amended after opening time. Alterations made before opening time should be initialed by Respondent or Respondent’s authorized agent. No Offer can be withdrawn after opening time without approval by CPA based on an acceptable written reason.

1.9 Purchases made for CPA’s use are exempt from the State Sales tax and Federal Excise tax. CPA will provide Tax Exemption Certificates upon written request. Respondent represents and warrants that it shall pay all taxes or similar amounts resulting from the Contract, including, but not limited to, any federal, State or local income, sales or excise taxes of Respondent or its employees. CPA shall not be liable for any taxes resulting from the Contract.

1.10 CPA will not reimburse for travel, meals, lodging or other related expenses unless specifically provided for in the Contract. In that event, such costs will be invoiced to CPA based on actual expenses and CPA shall not be liable for reimbursement of expenses that (1) were not pre-approved in writing by CPA or (2) exceed the current State of Texas Travel Regulations. Receipts are required to validate invoicing.

1.11 The following is applicable to “as needed” or “time and materials” contracts: Successful Respondent is not guaranteed any minimum amount.

1.12 CPA reserves the right to make an award on the basis of low line-item offer, low total of line items, or in any other combination that will serve the best interest of the State of Texas and to reject any and all offered items in the sole discretion of the State of Texas.

1.13 CPA reserves the right to accept or reject all or any part of any kind, waive minor technicalities and award the Offer to best serve the interests of the State of Texas.

1.14 Awards will be made in accordance with Rule 34 TAC Sections 20.207 and 20.306 (preferences). The factors listed in Sections 2155.074, 2156.007, 2157.003 of the Texas Government Code shall also be considered in making an award when specified. Consistent and continued tie offers could cause rejection of offers by the CPA and/or investigation for antitrust violations.

1.15 Copyrighted offers are unacceptable and are subject to disqualification as non-responsive.

1.16 Due to changed building access restrictions, Respondents will not be permitted to hand deliver Offers to the Issuing Office. Respondents are required to submit Offers electronically via email in accordance with Page 1.

1.17 Inquiries pertaining to this RFO must refer to the RFO number and opening date and must be submitted to the contact set forth on page 1.

2. SPECIFICATIONS:

2.1 Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Offers on brands of like nature and quality will be considered unless advertised under Section 2155.067 of the Texas Government Code. If offering on other than references, Offer must show manufacturer, brand or trade name, and other description of product offered. If other than brand(s) specified offered, illustrations and complete description of product offered are required to be made part of the offer. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.2 Unless otherwise specified, items shall be new and unused and of current production.

2.3 All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC or NEMA.

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2.4 Samples, when requested, must be furnished free of expense to CPA. If not destroyed in examination, they will be returned to the Respondent, upon request, at Respondent's expense. Each sample should be marked with Respondent’s name and address, and RFO number. Do not enclose in or attach Offer to sample.

2.5 CPA will not be bound by any oral statement or representation contrary to the written specifications of this RFO.

2.6 Manufacturer's standard warranty shall apply unless otherwise stated in the RFO.

2.7 CPA will receive and Successful Respondent will convey to CPA clear title, ownership and licenses, whichever is applicable to all requested items under the Contract.

2.8 Successful Respondent will serve as an independent contractor under the Contract.

2.9 Successful Respondent must be able to demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2s to Respondent’s employees.

2.10 Successful Respondent will be responsible for payment of all taxes, including, but not limited to, state, federal, foreign, or local taxes, such as income tax, withholding tax, social security tax, pension contributions, and any other form of payroll or other taxes, for Successful Respondent and Successful Respondent’s employees. Further, purchases made by the State of Texas for its use are exempt from the State Sales Tax and Federal Excise Tax. CPA will furnish Tax Exemption Certificates upon request.

2.11 Successful Respondent represents and warrants that it shall obtain and maintain basic insurance (standard workers’ compensation insurance covering all individuals who will provide the Services, commercial general liability, etc.) if it is coming on-site or if the Contract is one that can generate third-party claims such as moving services, installation of equipment, etc. All coverages shall be with companies licensed in Texas with an “A” rating from A.M. Best Co. authorized to provide the coverage. No later than five (5) business days following the Award Date, and on an annual basis thereafter, 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 via email, referencing the PO number, to the following address: contract.administration@cpa.texas.gov.

SUCCESSFUL RESPONDENT SHALL INDEMNIFY CPA AND PAY TO CPA ALL COSTS, PENALTIES, LOSSES, AND OTHER AMOUNTS RESULTING FROM THE SUCCESSFUL RESPONDENT’S OMISSION OR BREACH OF THIS PARAGRAPH.

3. AWARD OF CONTRACT: A response to this RFO is an offer to contract based upon the terms, conditions and specifications contained herein.

Offers do not become contracts unless and until they are accepted by a Purchase Order (PO) issued by CPA or a formal, written agreement signed by the parties. CPA reserves the right to make any corrections or include additional requirements in the Contract prior to issuance which are necessary for CPA's compliance, as an agency of the State of Texas, with all state and federal requirements.

4. DELIVERY:

4.1 Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days means calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause Offer to be disregarded.

4.2 Time is of the essence in the Contract and accordingly all time limits will be strictly construed and rigidly enforced. If delay is foreseen, Respondent shall give written notice to CPA. Respondent must keep CPA advised at all times of status of order. Default on promised delivery (without accepted reasons) or failure to meet specifications authorizes CPA to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting vendor.

4.3 No substitutions permitted without written approval of CPA.

4.4 Delivery shall be made during normal working hours only (Monday through Friday, 8:00 a.m. to 5:00 p.m.), unless prior approval has been obtained from CPA.

5. INSPECTION AND TESTS: All goods will be subject to inspection and test by CPA. Authorized CPA personnel shall have access to supplier's place of business for the purpose of inspecting merchandise. Tests shall be performed on samples submitted with the Offer or on samples taken from regular shipment. All costs shall be borne by the Respondent in the event products tested fail to meet or exceed all conditions and requirements of the specification. Goods delivered and rejected in whole or in part may, at CPA's option, be returned to the vendor or held for disposition at vendor’s expense. Latent defects may result in revocation of acceptance.

6. ACCEPTANCE OF PRODUCT(S)/SERVICE(S): Prior to any payments being made under the Contract, CPA shall evaluate the product(s)/service(s) under the following criteria and any additional acceptance criteria of the product(s)/service(s) agreed to prior to the award and included in the Contract:

(a) The product(s)/service(s) must meet all Requirements and Standards of Performance of the Contract, RFO and Offer; and

(b) The product(s)/service(s) must comply with all published manufacturer or publisher specifications.

7. PAYMENT: Successful Respondent shall submit an itemized invoice showing order number to the address indicated on the PO. CPA will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. CPA, in its sole discretion, reserves the right to the extent permitted by Texas law and CPA regulations to prepay for any requested items delivered to or provided to CPA by Successful Respondent in its performance under the Contract. CPA may inspect, test and evaluate the requested items prior to acceptance and payment. All invoices will be paid in accordance with the Texas Prompt Payment Act, Chapter 2251 of the Texas Government Code.

mailto:contract.administration@cpa.texas.gov

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8. GOVERNING LAW; VENUE: The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflict of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to CPA.

9. ASSIGNMENTS: CPA or Successful Respondent may assign its interest in or duties or rights under the Contract without prior written approval to: (i) a successor in interest (for CPA, another state agency as designated by the Texas Legislature), or (ii) a subsidiary, parent company, or affiliate.

Assignment of the Contract under the above terms shall require written notification by the assigning party. Any other assignment by a party shall require the written consent of the other party.

10. RESPONDENT AFFIRMATIONS: Signing this Offer with a false statement is a material breach of contract and shall void the submitted Offer or the Contract, and Respondent shall be removed from all bid lists. By signature hereon affixed, the Respondent hereby certifies that:

10.1 Pursuant to Section 2155.003 of the Texas Government Code, it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this RFO or the submitted Offer.

10.2 Respondent is not currently delinquent in the payment of any franchise tax owed the State of Texas under Chapter 171 of the Texas Tax Code.

10.3 In accordance with Section 2155.005 of the Texas Government Code, neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Offer to any competitor or any other person engaged in the same line of business as Respondent.

Respondent assigns to CPA all of Respondent’s rights, title and interest in and to all claims and causes of action Respondent may have under the antitrust laws of Texas or the United States for overcharges associated with this RFO or the Contract.

10.4 Pursuant to Section 2155.004(a) of the Texas Government Code, neither Respondent nor any person or entity represented by Respondent has received compensation from CPA to participate in the preparation of the specifications or solicitation on which this Offer or Contract is based.

Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Offer or Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate.

10.5 It will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552 of the Government Code, may apply to the Contract and the Respondent agrees that the Contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

10.6 Pursuant to Section 231.006(d) of the Texas Family Code, regarding child support, the individual or business entity named in the Offer is not ineligible to receive the specified payment and…