ESBD_383956_1733947776377_RFP 302-25-C-02171 Online Printing and Mailing.pdf

Request for Proposal

ONLINE PRINTING AND MAILING

SERVICES

RFP Number: 302-25-C-02171

CLASS: 915 ITEM: 28

CLASS: 915 ITEM: 44

CLASS: 915 ITEM: 57

Posting Date: December 11, 2024

Office of the Attorney General State of Texas i

TABLE OF CONTENTS

1 INTRODUCTION

2 TERMS AND DEFINITIONS

3 PROCUREMENT INFORMATION

3.1 Point of Contact Information

3.2 Schedule of Events

3.3 Questions

3.4 Authority

3.5 Addendum

3.6 Attachments and Forms

3.7 Historically Underutilized Business

4 BACKGROUND

5 PERIOD OF PERFORMANCE

5.1 Initial Term and Renewal

5.2 Option to Extend

6 STATEMENT OF WORK

6.1 Mailing Requirements

6.2 User Access

6.3 Availability and Performance

6.4 Security Access and Control

6.5 Reporting

6.6 Optional Services

6.7 Implementation Requirements

6.8 Transition Services

6.9 Deliverables Acceptance Process

6.10 Operational Deliverables

7 CONTRACT MANAGEMENT

7.1 Controlled Correspondence

7.2 Notices and Liaison

7.3 Contract Managers

7.4 Cooperation with the OAG

7.5 Problem Resolution and Corrective Action Process

7.6 Subcontracting Approval Required

7.7 No Assignment by the Contractor

7.8 Reporting Fraud, Waste or Abuse

7.9 Dispute Resolution Process for Claims of Breach of Contract

7.10 Business Continuity and/or Disaster Recovery Requirements

8 BACKGROUND REVIEWS

9 INVOICING

9.1 Submitting Invoices

9.2 Required Information and Supporting Documentation for Invoice

9.3 Invoice Schedule

9.4 Invoice Review

10 AWARD

11 CONTRACT DOCUMENTS

12 RESPONSE INSTRUCTIONS

12.1 Response Information

12.2 Response Submission

12.3 Response Contents

13 PUBLIC INFORMATION ACT

14 INFORMATION PROTECTION PROVISIONS

14.1 General

14.2 Data Security

14.3 Physical and System Security

14.4 Security Audit

ii

14.5 Security Incidents

14.6 Remedial Action

14.7 Commencement of Legal Action

15 TERMS AND CONDITIONS

15.1 Financial Matters

15.2 Amendment

15.3 Termination of the Contract

15.4 Federal Terms and Conditions

15.5 Certifications

15.6 General Responsibilities

15.7 Special Terms and Conditions

Online Printing and Mailing Services

RFP, V1.0

1 INTRODUCTION

The Office of the Attorney General (OAG) is the agency responsible for the operation and management of the Texas Child Support Program according to the Child Support Enforcement Program guidelines as set forth in Title IV-D of the Social Security Act.

The OAG Child Support Division (CSD) is issuing this Request for Proposal (RFP) for an Online Printing and Mailing Services (OPM) pilot project.

2 TERMS AND DEFINITIONS

When capitalized, the following terms have the meaning set forth below. All other terms have the meaning set forth in the Merriam Webster’s Collegiate Dictionary, Eleventh edition.

Table 1: Terms and Definitions

Term Definition

Addendum or Addenda

Modification(s) or clarification(s) of the RFP issued by the OAG and posted on the

ESBD.

BAFO Best and Final Offer BC/DR Business Continuity/Disaster Recovery

Business Day

The days (Monday through Friday) on which the OAG is open for business.

The OAG is closed for business on the scheduled holidays indicated below. If a scheduled holiday falls on a weekend, the holiday is generally not observed. The OAG Contract Manager or designee will communicate any variation from the standard holiday schedule as it becomes known.

Holiday When Observed New Year’s Day January 1 Martin Luther King, Jr. Day Third (3rd) Monday in January Presidents’ Day Third (3rd) Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First (1st) Monday in September Veterans’ Day November 11 Thanksgiving holidays Fourth (4th) Thursday & Friday in November Christmas holidays December 24, 25 and 26

Business Hours On Business Days, 7:00 a.m. to 6:00 p.m. Local Time Contract Any contract resulting from this RFP, consisting of the Contract document(s) as described in Section 11, Contract Documents.

Contract Operations

A division within the CSD that provides support services for the lifecycle of a contract from solicitation development and contract award to contract management and winddown.

Contractor The vendor(s) awarded the Contract(s) resulting from this RFP.

Contractor Agent(s)

Contractor’s officials, employees, agents, consultants, subcontractors, and representatives, and all other persons that perform Contract services on Contractor’s behalf

Controlled Correspondence

Numbered and tracked correspondence regarding Contract-related issues

CSD Child Support Division of the Office of the Attorney General Deliverable An artifact or collection of artifacts and/or documents the Contractor is required to produce.

EIR Electronic and Information Resources

Term Definition

ESBD Electronic State Business Daily, which is available online at https://www.txsmartbuy.gov/esbd

FEIN Federal Employer Identification Number

HUB

Subcontracting Plan (HSP)

A written plan identifying whether a Contract will be self-performed or include the use of subcontractors, which subcontractors will be used, how much of the Contract each subcontractor will receive, and how subcontractors were selected.

HUB Historically Underutilized Business Local Time Central Standard Time (CST) or Central Daylight Time (CDT), as is then prevailing, in Austin, Texas NIGP National Institute of Governmental Purchasing OAG Office of the Attorney General Prime Contractor Progress Assessment Report (PAR)

A form that documents compliance with the HSP and provides the identity and amount paid to HUB and non-HUB subcontractors.

OPM Online Printing and Mailing Services Piece The combination of an envelope, pages, postage, and address making up a single unit of mail.

Point of Contact An individual who serves as a coordinator or focal point for information.

Respondent Any individual, partnership, or corporation submitting a Response. Unless the

Contract clearly indicates otherwise, all terms and conditions of this Contract that refer to Respondent apply with equal force to Contractor.

Response A Respondent’s submission to this RFP RFP Request for Proposal – A formal document issued by the OAG to the market or vendor community requesting information or proposal for goods or services (this document)

Services All services included in this RFP which the Contractor is required to perform and its solution used to provide the services. Also referred to as “OPM”

State Fiscal Year

(SFY)

Texas State Fiscal Year, September 1 through August 31

TX-RAMP Texas Risk and Authorization Management Program provides a standardized approach for security assessment, certification, and continuous monitoring of cloud computing services that process the data of Texas state agencies.

3 PROCUREMENT INFORMATION

3.1 Point of Contact Information

Direct all communication to the Point of Contact as shown below. ANY COMMUNICATION MADE OUTSIDE

OF THE POINT OF CONTACT MAY RESULT IN CONTRACTOR DISQUALIFICATION.

Daniel Herrera Procurement and Contract Operations Division Office of the Attorney General

(512) 936-0612 daniel.herrera@oag.texas.gov

Respondents must not contact other OAG personnel concerning this RFP, except as permitted by the Point of Contact. The only exception to this requirement is that Respondents may contact the OAG Historically Underutilized Business (HUB) Coordinator, listed in Section 3.7.2, OAG HUB Coordinator, directly with questions regarding proper submission of the HUB Subcontracting Plan (HSP) (see Section 3.7, Historically Underutilized Business https://www.txsmartbuy.gov/esbd mailto:selma.moreno@oag.texas.gov

HUB Subcontracting Probability Statement). Failure to comply with this requirement may result in disqualification.

All official communication concerning this procurement will be posted as an Addendum on the Electronic State Business Daily (ESBD). The OAG has no responsibility to communicate personally with each potential Respondent for this procurement. Each potential Respondent is solely responsible for checking the ESBD for official OAG communication concerning this procurement.

3.2 Schedule of Events

The OAG reserves the right to change the dates shown below.

Table 2: Schedule of Events

Event Date/Time

Deadline for Submission of Questions January 3, 2025, 2:00 p.m. Local Time Questions and Answers Document Posted January 2025 Deadline for Submission of Responses January 27, 2025, 2:00 p.m. Local Time Expected OAG Evaluation of Responses February 2025 Expected Time Period for Discussions (if applicable) March 2025 Expected Contract Award Date April 2025

3.3 Questions

Submit all questions regarding this procurement via email to the Point of Contact listed in Section 3.1, Point of Contact Information. The deadline for submitting questions is the date and time listed in Section 3.2, Schedule of Events.

Note: Procedural questions regarding Response submission, dates, and addresses may be submitted orally or by email to the Point of Contact listed in Section 3.1, Point of Contact Information.

Questions submitted will be answered at the sole discretion of the OAG in an Addendum posted on the ESBD. Answers will be considered official only if they are posted in an Addendum. All questions should, to the degree possible, cite the specific RFP section and paragraph number(s) to which the question refers.

Information in any form other than the materials constituting this RFP and any Addendum will not be binding on the OAG.

3.4 Authority

This procurement will be conducted in accordance with the State Purchasing and General Services Act (Title 10, Subtitle D, Chapters 2151 through 2176, Texas Government Code) and the rules of the Comptroller of Public Accounts Statewide Procurement Division (SPD) including, but not limited to, the procedures prescribed by the SPD.

3.5 Addendum

Should an addition or correction become necessary after an RFP is issued, an Addendum relating the necessary information will be posted on the ESBD. Respondents are responsible for periodically checking the ESBD for addenda or additional information. Respondents must acknowledge the Addendum by returning the signature page of the Addendum with the Response.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2151.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2151.htm

3.6 Attachments and Forms

This RFP includes the following attachments and forms.

Table 3: Attachments

# Attachment

1 Certificate of Destruction for Contractors and Vendors 2 Security Incident Report for Contractors and Vendors 3 Prime Contractor Progress Assessment Report (sample)

Table 4: Forms

# Form

A Respondent’s Execution of Proposal and Assurances (with Certification) B Pricing C Past Performance References D Canceled Contract References E Respondent Release of Liability (to Reference) F Certification Regarding Lobbying G HUB Subcontracting Plan HUB Subcontracting Plan (the current HSP form can be found and downloaded at https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php) (also see Section 3.7, Historically Underutilized Business

H Respondent Information Form I Preference to Texas and United States Products and Texas Services J Business Continuity/Disaster Recovery Questionnaire

3.7 Historically Underutilized Business

3.7.1 HUB Subcontracting Probability Statement

It is the policy of the OAG to promote and encourage contracting and subcontracting opportunities for State of Texas certified Historically Underutilized Businesses in compliance with Texas Government Code, §2161.001-253 and Texas Administrative Code (TAC), Title 34, Part 1, Chapter 20, Subchapter D, Division 1, §20.285. Respondents are encouraged to become HUB-certified. State of Texas HUB Certification Application Forms are located at https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php.

Definitions for State of Texas HUB certifiable businesses can be found in TAC, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, §20.282; more information is on the Texas Comptroller of Public Accounts website.

Please ensure that the potential HUB subcontractor’s status is “A” (Active).

The OAG has determined there are probable subcontracting opportunities in the scope of work for this RFP.

The HUB goal for this procurement is twenty-six percent (26%).

The OAG has provided a list of potential areas of subcontracting based upon the OAG’s understanding of this procurement request. Respondents are not limited to the potential subcontracting areas listed below. The OAG is relying upon the Respondent’s expertise to fully identify subcontracting opportunities that best align with their organization and this RFP.

Respondents who intend to subcontract are responsible for identifying all areas that will be subcontracted. In accordance with TAC, Title 34, Part 1, Chapter 20, Subchapter D, Division 1, §20.282, a subcontractor is defined as a person who contracts with a prime contractor to work or contribute toward completing work for a governmental entity.

The following is a list of potential areas of subcontracting by National Institute of Governmental Purchasing class and item codes based upon the requirements of this procurement.

https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2161.htm http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=285 https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=282 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=282 https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/ http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=282 http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=282

Table 5: NIGP Codes

Class Item Description

915 28 Electronic Information and Mailing Services 915 44 Fulfillment, Including Data Processing, Packaging, Labeling and Mailing of Literature as a Package 915 57 Mailing, Postage and Shipping Services, Electronic

To be considered responsive, Respondents must complete and return a HUB Subcontracting Plan (HSP) with all Responses. If the Response does not include a completed HSP, the Response shall be rejected as a material failure to comply with advertised specifications. All prime vendors (HUB or Non-HUB) are required to comply.

Additionally, the Contractor must update the HSP during the course of the Contract should any changes occur.

• The HUB Subcontracting Plan on the Texas Comptroller of Public Accounts website guides the Respondent through the various fields and assists them in completing the HSP correctly: https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php.

• The Centralized Master Bidders List – HUB Directory Search allows Respondents to search for HUB vendors by NIGP class and item:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp.

• NIGP codes can be found in the NIGP Commodity Book:

https://www.comptroller.texas.gov/purchasing/nigp/.

• Minority and women-owned business association resources are available for subcontracting solicitation notices to State of Texas HUB vendors. See:

https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php.

As a condition for payment and to document compliance with the HSP, the Contractor must include the Prime Contractor Progress Assessment Report (PAR) with each invoice submitted. At the same time, the PAR must be submitted separately to the OAG HUB Coordinator at texashubs@oag.texas.gov (Texas Administrative Code §20.285(g)). All HUB and non-HUB subcontractors must be listed on the PAR, whether payment is issued to the subcontractors or not. See Attachment 3, Prime Contractor Project Assessment Report for a sample,

3.7.2 OAG HUB Coordinator

For questions regarding the HSP, identifying HUB vendors with proper NIGP codes, or the State of Texas HUB Program, contact the OAG HUB Coordinator listed below.. This is the only exception to the single Point of Contact listed in Section 3.1, Point of Contact Information.

Serlester Boone Serlester.Boone@oag.texas.gov

(512) 936-0522

4 BACKGROUND

Over the past few years, the OAG CSD has transitioned to a virtual model for providing services to its customers, utilizing a remote workforce. However, while CSD encourages digital delivery, there is still a need to provide physical mail services. This requires staff to print documents, stuff envelopes, apply postage, and deliver them to a post office/mailbox.

The OAG CSD has identified a need for OPM to enable CSD remote workers to navigate to a web portal, upload documents, and provide the customer’s name and address information. The OPM will then print the document, provide and stuff the envelope, apply postage, and mail the item. The items are ad hoc and may be non-standard. They can range from a single-page form to a court order of more than twenty-five (25) pages. The Service must be secure, as mail may contain personally identifiable information.

The approximate volume of OAG CSD physical mail for State Fiscal Year 2023 was 358,084 Pieces.

Initially, this pilot project will be limited to approximately 40,000 Pieces but may be expanded.

https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://www.comptroller.texas.gov/purchasing/nigp/ https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:Serlester.Boone@oag.texas.gov

5 PERIOD OF PERFORMANCE

5.1 Initial Term and Renewal

The Contract will begin when signed by all Parties and the initial term will end on August 31, 2026. The Contract may be renewed for two (2) optional, one (1) year term(s), with the first optional renewal term beginning on September 1, 2026 and concluding on August 31, 2027. The decision to renew the Contract will be at the sole and absolute discretion of the OAG. Such renewal(s) will be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination will be extended pursuant to this provision. By submission of a Response to this Request for Proposal (RFP), a Respondent agrees to be bound, for the initial term of the Contract and for any renewal term which the OAG may elect to exercise, to perform the within described services at the rates specified in the Contract.

5.2 Option to Extend

The Contractor agrees that the OAG may require continued performance, beyond the initial or any renewal Contract term, of any of the within described services at the rates specified in the Contract, for the purpose of awarding a contract and transitioning services to a new service provider without service disruption. The OAG may require continued performance for a series of thirty (30) calendar day increments. Such extension of services will be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination will be extended pursuant to this provision.

During the Contract transition extensions, the Contractor will be compensated for services for as long as the Contractor is providing such services. Once a service is transitioned from the Contractor to a new service provider, payment to the Contractor will cease. The OAG may exercise this option upon thirty (30) calendar days written notice to the Contractor.

6 STATEMENT OF WORK

6.1 Mailing Requirements

The Contractor’s OPM solution must:

6.1.1 General

6.1.1.1 Be ready for use immediately at Contract award

6.1.1.2 Allow CSD users to upload one (1) or more documents to be included in a single envelope

6.1.1.3 Allow CSD users to preview documents before submitting them for printing and mailing

6.1.1.4 Support PDF files

6.1.1.5 Print documents and stuff envelopes

6.1.1.6 Apply postage to and mail Pieces

6.1.1.7 Mail Pieces within two (2) Business Days of document submission

6.1.1.8 Reject any document over seventy-five (75) pages (Note: optional and not required)

6.1.2 Addresses

6.1.2.1 Enable mailing address entry

6.1.2.2 Prevent return address entry or override with a standard OAG return address (Note:

optional and not required)

6.1.2.3 Include address verification that can be overridden when needed

6.1.2.4 Include an address book function to store individual addresses (Note: optional and not required)

6.1.3 Envelopes

6.1.3.1 Display the mailing address and the return address, and include the OAG Seal

6.1.3.2 Include a prepaid return envelope when requested

6.1.3.3 Process Pieces that contain from one (1) to seventy-five (75) pages.

6.1.4 Mail Types

6.1.4.1 Allow for multiple mailing methods, including first class, certified, and certified with return receipt requested

6.1.4.2 Provide access to certified mail tracking numbers

6.1.4.3 Provide access to the certified mail return receipts

6.2 User Access

The Contractor’s OPM solution must:

6.2.1 Enable access for up to fifty (50) CSD users for the pilot and the ability to expand the user count

6.2.2 Associate CSD user profiles with a single OAG account

6.2.3 Provide three (3) CSD administrator user profiles with rights to add and remove CSD users from the CSD account

6.2.4 Be compatible with Internet browsers, including Microsoft Edge and Google Chrome

6.2.5 Not require the development or installation of additional software by the OAG

6.2.6 Enable single sign-on integrating with OAG Okta (Note: optional and not required)

6.3 Availability and Performance

6.3.1 The Contractor’s OPM solution must be available during OAG Business Days and Hours.

6.3.2 To the extent possible, the Contractor must schedule maintenance and upgrades that impact OAG users outside of OAG Business Hours.

6.3.3 The Contractor must provide the OAG with an estimated restoration time when any interface is unavailable to the OAG for more than thirty (30) minutes during Business Hours.

6.4 Security Access and Control

The Contractor’s OPM solution must:

6.4.1 Provide mechanisms to ensure the confidentiality and security of all data transmissions provided or requested by the OAG. Refer to Section 14, Information Protection Provisions for specific security requirements.

6.4.2 Automatically terminate (time-out) a user’s session following thirty (30) minutes of inactivity.

6.4.3 Provide mechanisms to prevent requests for Services that are not included in the Contract.

6.5 Reporting

The Contractor must provide an administrative reporting interface that:

6.5.1 Allows the OAG to generate and download usage reports

6.5.2 Provides the OAG access to historical usage reports for a minimum of two (2) years or for a period of time agreed to by the OAG and the Contractor

6.5.3 Allows the OAG to query the OAG usage data using any combination of the following data elements:

• Date range

• User name

• User request/mailing type

6.5.4 Allows for reports that include, at a minimum, the following usage data:

• OAG user name and/or OAG user ID

• Number of mail Pieces by type

• Page count per Piece

• OAG submit date and Contractor mailed date per Piece

6.6 Optional Services

6.6.1 The CSD may request optional services during the Contract. This decision will be within the sole discretion of the CSD. If the CSD elects to exercise this option, it will provide the Contractor with a statement of work and the Contractor will provide the CSD with proposed pricing.

6.6.2 The CSD may accept or reject the Contractor’s proposal, refine the requirements, and negotiate final costs.

6.6.3 The OAG is not responsible or liable for payment until CSD accepts, in writing, the Contractor’s proposal and accepts the resulting deliverables/work resulting from the proposal.

6.7 Implementation Requirements

The Contractor must:

6.7.1 Collaborate with the Contract Manager or designee within five (5) Business Days following Contract award to establish an acceptable schedule for timely completion of all implementation activities

6.7.2 Collaborate with the OAG to provide training, including all training materials, no later than one

(1) week prior to the Service implementation date

6.7.3 Complete all implementation activities and deliverables no later than one (1) calendar month after Contract award

Table 6: Implementation Deliverables

Implementation Deliverable

Due Include at a Minimum

Test Plan and Execution A date mutually agreed upon by the OAG and the Contractor

• Produce and review the various types of mail and sizes generated using the OAG official seal

• Test any other items deemed necessary for using the Service.

Internal Security Incident Response Plan

10 Business Days prior to the OAG using the Contractors Services

a. Identification

b. Monitoring

c. Risk assessment

d. Escalation

e. Corrective action

f. Risk mitigation

Refer to Section 14.5.1, Response to Security Incidents.

Training Plan and Materials

5 Business Days prior to beginning user training

User training schedule and materials required to train users.

6.8 Transition Services

6.8.1 Transition Plan

6.8.2 At any time during the term of the Contract, the OAG may request that the Contractor collaborate with the OAG to produce a plan for transition to a subsequent vendor. The plan will provide for the orderly transition of all Services and operations performed by or involving the Contractor under the Contract.

6.8.3 A transition plan must be completed no later than thirty (30) Business Days following the OAG’s request and will specify all tasks to be performed, the schedule for the performance of such tasks, and the respective responsibilities of the parties associated with those tasks. The transition plan must comply with the duties and responsibilities set forth in Section 15.3 Termination of the Contract.

6.9 Deliverables Acceptance Process

6.9.1 All Deliverables and periodic Deliverable updates/revisions must be submitted via Controlled

Correspondence. Within ten (10) Business Days of receipt or other time frame agreed upon in writing by the Parties, the OAG will review the Deliverables and respond via Controlled Correspondence with any unresolved issues or acceptance of the Deliverable.

6.9.2 If the Contractor does not receive written notice from the OAG by the end of the review period, the Contractor must notify the OAG in writing that the OAG has five (5) additional Business Days to provide written notice. The Deliverable will be deemed to be accepted by the OAG if the OAG does not provide such notice of acceptance or non-acceptance at the end of this additional five

(5) Business Day period.

6.9.3 The Contractor will, upon OAG request, make an oral presentation of Deliverables.

6.9.4 If the OAG provides written notice of non-acceptance of the Deliverable, then the Contractor will work with the OAG to correct any deficiencies and re-submit the revised Deliverable within five

(5) Business Days or other time frame agreed upon in writing by the Parties. Upon receipt of a revised Deliverable, the OAG will review the revised drafts for acceptance or rejection and respond via Controlled Correspondence within ten (10) Business Days.

6.10 Operational Deliverables

Table 7: Operational Deliverables

Operational Deliverable Due Include at a Minimum Security Assessment Annually or as requested by the OAG Refer to Section 14.3.5, Security Control Assessment.

Vulnerability Scans Quarterly or as requested by the OAG

Refer to Section 14.3.2, Vulnerability Scans for requirements.

Transition Plan Within 30 days of request by the OAG

Refer to Section 6.8, Transition Services

Business Continuity and Disaster Recovery (BC/DR) Plan

Within 30 days of request by the OAG

Refer to Section 7.10 Business Continuity and/or Disaster Recovery Requirements

Prime Contractor Progress Assessment Report (PAR)

Monthly Refer to Section 3.7 Historically Underutilized Business. Must be attached to each submitted invoice. At the same time, the PAR must be submitted to the OAG HUB coordinator at texashubs@oag.texas.gov.

7 CONTRACT MANAGEMENT

7.1 Controlled Correspondence

7.1.1 In order to track and document requests for decisions and/or information pertaining to the

Contract, and the subsequent response to those requests, the CSD and the Contractor will use Controlled Correspondence. The CSD will manage the Controlled Correspondence for the Contract. For each Controlled Correspondence document, the CSD will assign a tracking number and the document will be signed by the appropriate Party’s Contract Manager.

7.1.2 Controlled Correspondence will not be used to change pricing or alter the terms of the Contract.

Controlled Correspondence will not be the basis of a claim for equitable adjustment of pricing.

Any changes that involve the pricing or the terms of the Contract must be by a Contract amendment. However, the Controlled Correspondence process may be used to document refinements and interpretations of the provisions of the Contract, to document the cost impacts of proposed changes, and to document OAG-approved changes to the Contractor’s HSP.

7.1.3 Controlled Correspondence documents will be maintained by both Parties in ongoing logs and will become part of the normal status reporting process. Any communication not generated in accordance with such process will not be binding upon the Parties and will be of no effect.

7.2 Notices and Liaison

7.2.1 Written Notices Delivery

7.2.1.1 Any notice required or permitted to be given under this Contract by one (1) Party to the other Party will be in writing and will be addressed to the receiving Party at the address hereinafter specified. The notice will be deemed to have been given immediately if delivered in person to the recipient’s address hereinafter specified. It will be deemed to have been given on the date of certified receipt if placed in the United States mail, postage prepaid, by registered or certified mail with Return Receipt requested, addressed to the receiving Party at the address hereinafter specified.

7.2.1.2 Contractor Address:

The address of the Contractor for all purposes under this Contract and for all notices hereunder will be designated at the time of Contract award.

7.2.1.3 OAG Address:

The address of the OAG for all purposes under this Contract and for all notices hereunder will be designated at Contract award.

With copies to (registered or certified mail with return receipt is not required for copies):

Clayton Richter, Managing Attorney (or successor in office) CSD Legal Services, MC 044 Office of the Attorney General PO Box 12017 Austin, TX 78711-2017

7.2.2 Liaisons

The Contractor and the OAG each agree to maintain specifically identified liaison personnel for their mutual benefit during the term of the Contract. The liaison(s) named by the Contractor will serve as the initial Point(s) of Contact for any inquiries made pursuant to the Contract by the OAG and respond to any such inquiries by the OAG. The liaison(s) named by the OAG will serve as the initial Point(s) of Contact for any inquiries made pursuant to the Contract by the Contractor and respond to any such inquiries by the Contractor. The liaison(s) and their respective addresses will be named in writing at the time of the execution of the Contract. Subsequent changes in liaison personnel will be communicated by the respective Parties in writing.

7.3 Contract Managers

7.3.1 The OAG Contract Manager

The OAG will assign a Contract Manager to the Contract. Identification of the OAG Contract Manager and any changes to this assignment will be documented by Controlled Correspondence.

The OAG Contract Manager has the authority to:

• Sign Controlled Correspondence

• Serve as the day-to-day Point of Contact

• Coordinate quality control reviews

• Approve invoices

• Coordinate meetings with the Contractor

• Investigate complaints

The OAG Contract Manager will have no authority to agree to any Contract amendment or pricing change.

7.3.2 The Contractor’s Contract Manager

The Contractor will assign a Contract Manager to the Contract. Identification of the Contract Manager and any changes to this assignment will be documented and submitted to the OAG via Controlled Correspondence with fourteen (14) calendar day advance notification. The Contractor’s Contract Manager has the authority to:

• Make decisions regarding the Deliverables required by the Contract

• Sign Controlled Correspondence

• Serve as the day-to-day Point of Contact

• Coordinate quality control reviews

• Coordinate meetings with the OAG

• Investigate complaints

7.4 Cooperation with the OAG

The Contractor must ensure that it cooperates with the OAG and other state or federal administrative agencies, at no charge to the OAG, for purposes relating to the administration of the Contract. The Contractor agrees to reasonably cooperate with and work with the OAG’s vendors, subcontractors, and third-party representatives as requested by the OAG.

7.5 Problem Resolution and Corrective Action Process

The Contractor and the OAG will agree to a plan and timeline for resolution of Contract performance issues. If all efforts between the Contractor and the OAG Contract Manager fail to resolve the problem within the stated timeline and to the OAG’s satisfaction, the OAG may escalate the problem to the Contractor’s management and OAG executive management. OAG executive management or representatives and the Contractor’s management will agree to a resolution. If the Contractor is aware that a problem exists and fails to report the problem to the OAG, the Contractor will continue to be responsible for meeting the goals and timeliness established in the Contract.

7.6 Subcontracting Approval Required

It is contemplated by the Parties hereto that the Contractor will conduct the performances provided by this Contract substantially with its own resources and through the services of its own staff. In the event that the Contractor should determine that it is necessary or expedient to subcontract for any of the performances specified herein, the Contractor will subcontract for such performances only after the Contractor has transmitted to the OAG a true copy of the subcontract the Contractor proposes to execute with a subcontractor and has obtained the OAG’s written approval for subcontracting the subject performances in advance of executing a subcontract. The Contractor, in subcontracting for any performances specified herein, expressly understands and acknowledges that in entering into such subcontract(s), the OAG is in no manner liable to any subcontractor(s) of the Contractor. In no event will this provision relieve the Contractor of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all terms of this procurement.

7.7 No Assignment by the Contractor

The Contractor will not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the OAG. Notwithstanding anything to the contrary in the Texas Business Organizations Code or any other Texas or other state statute, a merger will not act to cause the assumption, by the surviving entity or entities, of the Contract and/or its associated rights and duties without the prior written approval of the OAG. The term “merger” as used in this section includes, without limitation, the combining of two (2) corporations into a single surviving corporation; the combining of two (2) existing corporations to form a third (3rd) newly created corporation; or the combining of a corporation with another form of business organization.

7.8 Reporting Fraud, Waste or Abuse

7.8.1 The Contractor must report any suspected incident of fraud, waste or abuse associated with the performance of the Contract to any one of the following listed entities:

• The OAG Contract Manager

• The Division Chief of Contract Operations, Child Support Division

• The Division Chief of Field Support, Child Support Division

• The Director for Child Support, IV-D Director

• The OAG Ethics Advisor

• The OAG’s Fraud, Waste and Abuse Prevention Program (“FWAPP”) Hotline (800-252-

8011) or the FWAPP email box (FWAPP@oag.texas.gov)

• The State Auditor’s Office hotline for fraud (1-800-892-8348)

7.8.2 The report of suspected misconduct will include (if known):

• The specific suspected misconduct

• The names of the individual(s)/entity(ies) involved

• The date(s)/location(s) of the alleged activity(ies)

• The names and all available contact information (phone numbers, addresses) of possible witnesses or other individuals who may have relevant information

• Any documents which tend to support the allegations

7.8.3 The words fraud, waste, or abuse as used in this section, have the following meanings:

• Fraud is the use of one’s position for obtaining personal benefit (including benefit for family/friends) through the deliberate misuse or misapplication of resources or assets.

• Waste is the extravagant, careless, or needless expenditure of funds or consumption of property that results from deficient practices, system controls, or decisions.

• Abuse is the misuse of one's position, title, or authority to obtain a personal benefit (including benefit for family/friends) or to attempt to damage someone else.

7.9 Dispute Resolution Process for Claims of Breach of Contract

7.9.1 The dispute resolution process provided for in Chapter 2260 of the Texas Government Code will be used, as further described herein, by the OAG and Contractor to attempt to resolve any claim for breach of Contract made by the Contractor.

7.9.2 A claim for breach of Contract that the Parties cannot resolve in the ordinary course of business will be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Texas Government Code. To initiate the process, the Contractor will submit written notice, as required by Subchapter B, to the Director for Child Support, IV-D Director, Office of the Attorney General, P.O. Box 12017 (Mail Code 033) Austin, Texas 78711-2017. The notice will specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A copy of the notice will also be given to all other representatives of the Parties otherwise entitled to the notice.

Compliance with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Texas Government Code.

7.9.3 The contested case process provided in Chapter 2260, Subchapter C, of the Texas Government Code is the sole and exclusive process for seeking a remedy for any and all alleged breaches of Contract by the OAG if the Parties are unable to resolve their disputes under the negotiation process.

7.9.4 Compliance with the contested case process is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Texas Civil Practices and Remedies Code. Neither the execution of the Contract by the OAG nor any other conduct of any representative of the OAG relating to the Contract will be considered a waiver of sovereign immunity to suit.

7.9.5 The submission, processing, and resolution of a claim for breach of Contract is governed by the published rules adopted by the OAG pursuant to Chapter 2260, as currently effective, hereafter enacted, or subsequently amended.

7.9.6 Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Contractor, in whole or in part.

7.10 Business Continuity and/or Disaster Recovery Requirements

7.10.1 Business Continuity/Disaster Recovery Plan Review

Upon request from the OAG, the Contractor must submit Form J, Business Continuity/Disaster Recovery Questionnaire and its BC/DR Plan. The Respondent may submit a current BC/DR Plan(s) relevant to the work described in this RFP to supplement Form J, Business Continuity/Disaster Recovery Questionnaire.

7.10.2 Business Continuity and/or Disaster Recovery Plan

7.10.2.1 The Contractor must maintain a BC/DR plan that includes a detailed recovery plan for all parts of its operations (automated and otherwise) related to the Contract Services.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2260.htm https://statutes.capitol.texas.gov/Docs/CP/htm/CP.107.htm

7.10.2.2 The Contractor’s BC/DR Plan must include detailed, step-by-step technical procedures for recovery of all Contractor’s information systems and resumption of all business processes that are required to meet contracted responsibilities.

7.10.2.3 The Contractor agrees that its BC/DR Plan shall conform to any requirements imposed upon the OAG by the State of Texas or the Federal government. Current State of Texas requirements are listed in Texas Administrative Code, Title 1 – Administration, Part 10 – Department of Information Resources, Chapter 202 – Information Security Standards, and can be accessed at the following website:

http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=10&ch=

7.10.2.4 The BC/DR Plan will include a contingency plan to avoid disruption of Service due to any third-party or subsidiary performance deficiencies, labor problems, and any other event that could reasonably be foreseen to cause a disruption to Contract Services .

7.10.3 Testing, Exercising and Updating the Business Continuity Plan

7.10.3.1 The Contractor will perform a test exercise of the recovery procedures on an annual basis. Upon request, the Contractor will provide a written result of the exercise to the OAG Business Continuity Coordinator or designee.

7.10.4 Outage Incidents and Disaster Declarations

7.10.4.1 Upon the occurrence of an outage incident, the Contractor will immediately contact and coordinate with the OAG Contract Manager and the OAG Business Continuity Coordinator or designee. An outage incident is any inability to operate information systems or business processes in accordance with the Contract.

8 BACKGROUND REVIEWS

8.1 By entering into the Contract, the Contractor certifies that it will perform a background review, to include criminal history record information, of all Contractor Agents before allowing a Contractor Agent to access OAG Data or work in an OAG facility. Such background review will not occur any earlier than six (6) months prior to the Contractor Agent accessing OAG Data or working in an OAG facility. No Contractor Agent who has been convicted of a felony for crimes involving violence, child abuse or neglect, sexual offenses, theft, or fraud, or is a registered sex offender may access OAG Data or work in an OAG facility.

8.2 The OAG CSD is the Title IV-D agency for the State of Texas. Pursuant to Texas Government Code Section 411.127, the CSD has the right to obtain criminal history record information that relates to an entity who proposes to enter into a contract with or who has a contract with the OAG CSD. The CSD will have the right under this Contract to perform initial and periodic detailed background reviews, including a criminal history records check, on the Contractor and any Contractor’s Agents that work in an OAG facility or are authorized to access, or are requesting to access, OAG Data. Upon request, and to assist the CSD in performing background reviews and criminal records checks, the Contractor will provide identifying data and any required consent and authorization to perform such reviews and checks. The CSD is prohibited from revealing the results of any criminal history records check to the Contractor. Additionally, the Contractor or the Contractor’s Agents will be required to comply with OAG-CSD policy and procedure to provide an electronic scan of fingerprints and collection of demographic information to the OAG- CSD’s designated agent in order to facilitate a National Criminal History records inquiry and if applicable a State and local criminal records inquiry. The cost of this process will be the responsibility of the Contractor.

8.3 Within ten (10) Business Days of award, the Contractor (unless directed otherwise in Controlled Correspondence) will provide the OAG with a list of all Contractor Agents who will be accessing OAG Data or working in an OAG facility. The list will contain the following information:

• Name (including any other names used)

• Day-time phone number

• Responsibilities under the Contract

• Date of birth http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=10&ch=202 http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=1&pt=10&ch=202 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm

• Driver’s License number

• Social Security number

• Criminal Offense convictions, if known by the Contractor and if the Contractor is not prohibited from disclosing the criminal offense convictions to the OAG

8.4 The Contractor will provide an updated list to the OAG whenever a new Contractor Agent is assigned to access OAG Data or work in an OAG facility. The Contractor will notify the OAG whenever a Contractor Agent is to assume a new responsibility with regard to accessing OAG Data or working in an OAG facility.

8.5 No Contractor Agent will access OAG Data or work in an OAG facility or assume new responsibilities regarding same without prior written consent from the OAG through Controlled Correspondence.

8.6 The Contractor must require all Contractor Agents to notify the Contractor of any arrest (to include the date of arrest, arresting entity, and charges) at the earliest possible opportunity but no later than the end of the first Business Day following an arrest. Within one (1) Business Day of an arrest notification, the Contractor will notify the OAG of the arrest. The Contractor must also require any Contractor Agent who has been arrested to provide an official offense report to the Contractor as soon as possible but no later than thirty (30) calendar days from the date of the arrest. Within one (1) Business Day of receipt of the report, the Contractor will provide the OAG with a copy of the offense report.

9 INVOICING

The OAG shall not be liable for any services rendered or obligations incurred on behalf of the OAG by the Contractor before execution of the Contract.

All payments will be made in accordance with the Texas Prompt Payment Act (Texas Government Code, Chapter 2251).

9.1 Submitting Invoices

Submit invoices, required documentation and the PAR to the OAG Accounting Division at:

Accounts Payable Section Office of the Attorney General Accounting Division, Mail Code 003 P.O. Box 12548 Austin, TX 78711-2548 invoices@oag.texas.gov

CC: texashubs@oag.texas.gov

9.2 Required Information and Supporting Documentation for Invoice

9.2.1 Invoice document must include the following information:

• Contract Number

• Purchase Order Number

• Contractor’s:

o Name o Tax Identification Number o Address o Contact Phone Number

• Billing Period

• Description of goods delivered or Services provided

9.2.2 Copy of documentation confirming OAG acceptance of Services billed

9.2.3 PAR (see Section 3.7 Historically Underutilized Business) https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2251.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2251.htm mailto:invoices@oag.texas.gov

9.3 Invoice Schedule

The Contractor will submit invoices on a calendar month basis thereafter for approved Services rendered during the previous month.

9.4 Invoice Review

The OAG will review each invoice for Contract compliance and completeness. If the OAG determines that an invoice is not acceptable under the provisions of the Contract or is otherwise incomplete, the Contractor will correct any deficiencies before the OAG will process the invoice for payment.

The Contractor will provide additional information and/or documentation as the OAG may reasonably require. The Contractor will respond to an OAG request for additional information and/or documentation to support payment within five (5) calendar days of receipt.

10 AWARD

The OAG may award Contracts to Respondents that offer the best value to the State and are in the State’s best interest, as determined using the evaluation factors described in this section.

An award may be made without:

1. Requesting clarifications of the Responses

2. Allowing modifications to the Responses

3. Discussing and/or negotiating the Responses with any of the Respondents

4. Requesting a BAFO

The OAG will review and score the Response against the following three (3) criteria to determine which Response offers the best value and is in the best interest of the State. The OAG will evaluate the Response against the following criteria and assign a grand total score for each Response based on a scale of 100% using the following percentages:

Section 1: Company Qualifications 30%

Section 2: Solution 40%

Section 7: Pricing 30%

11 CONTRACT DOCUMENTS

The Contract will consist of the following documents, which are listed in the order of priority that will be given in the event of a conflict between the documents:

1. The OAG Contract

2. The provisions in this RFP, including exhibits and any Addenda

3. The Contractor’s completed Form B, Pricing

4. The Contractor’s Response

The OAG may issue a Best and Final Offer Request (BAFO) for the RFP in its entirety or request a partial BAFO. If the OAG issues a request for a BAFO for the entire RFP, the BAFO request will supersede this entire RFP, and the Contractor’s BAFO Response will supersede its entire Response. If a partial BAFO is requested, then any components of the RFP modified during the BAFO and included in a BAFO request will supersede the same components included in the RFP. Equally, any components of the Contractor’s Response modified during the BAFO and included in a BAFO Response will supersede the same components included in the Contractor’s original Response.

No prior agreement or understanding, oral or otherwise, of the Parties or their agents will be valid or enforceable unless embodied in the applicable documents listed above.

The OAG may agree to amend or reject all or any part of such agreements if doing so would be in the State’s and the OAG’s best interest. The OAG will not sign form contracts. The OAG will not be bound by any Respondent’s limitation of liability.

12 RESPONSE INSTRUCTIONS

12.1 Response Information

12.1.1 Response…