ESBD_392434_1737665620691_802-25-51306-R Work Behavior Assessments.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR OFFER

RFO No. 802-25-51306-R

Work Behavior Assessments

NIGP Class/Items: 956-35;85

RFO Issue Date: January 23, 2025

Questions Due: January 31, 2025; 2:00 PM CT

Offer Due Date: February 11, 2025; 2:00 PM CT

Purchaser: Vanessa D Contreras CTCD, CTCM 512-389-4722 Purchasing.bidbox@tpwd.texas.gov

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. The Respondent’s failure to periodically check the ESBD will in no way release the selected contractor from “addenda or additional information” resulting in additional cost to meet the requirements of the RFO.

mailto:Purchasing.bidbox@tpwd.texas.gov

RFO No. 802-25-51306-R Page 2 of 39

Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Project Summary and Background

2. Solicitation Method and Intent

3. Contract Term

4. Qualifications and Experience

5. TX-RAMP Certification Requirement

6. Scope of Work and Specifications

7. Contractor Requirements

8. TPWD Responsibilities

9. Adding New Products/Services to Contract After Award

10. Modifications of Contract Terms and/or Amendments

11. Subcontracting

12. Contract Administration

13. Invoicing and Payment

SECTION II – SUBMISSION REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Proposal/Offer Content

4. Proposal/Offer Submission

5. Delivery of Proposals/Offers

6. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

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EXHIBIT A – EXECUTION OF OFFER

EXHIBIT B – COMPENSATION AND FEE SCHEDULE

EXHIBIT C – COMPANY PROFILE

EXHIBIT D – PAST PROJECTS WITHO CORRESPONDING REFERENCES

EXHIBIT E – TECHNICAL PROPOSAL

EXHIBIT F – RESPONSE SUBMISSION CHECKLIST

RFO No. 802-25-51306-R Page 4 of 39

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. PROJECT SUMMARY AND BACKGROUND

Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a blanket contract for workplace behavior assessments, to include an online portal for each participant and facilitator. The vendors response and awarded contract must include the subscription services, implementation and training services as per scope of work of work dated January 2025.

2. SOLICITATION METHOD AND INTENT

The Request for Offer (RFO) method allows qualified respondents to submit a written offer addressing pricing, qualifications, experience, location availability, approach and other factors that will be employed to ensure successful accomplishment of the requirements set forth herein. TPWD will review, compare and evaluate responses based on the criteria and weights identified in this RFO.

3. CONTRACT TERM

3.1. Initial Contract Term: The contract shall commence on Date of Award and continue through August 31, 2026, unless sooner terminated under the terms of the contract.

3.2. Renewal Option: Contract may be renewed for up to three (3) additional one (1) year periods, provided both parties agree in writing prior to contract expiration date. Any extensions shall be in accordance with the original terms and conditions plus any approved changes.

3.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFO shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

3.4. Extension Period Pricing: A price escalation may be allowed upon renewal provided the vendor notifies TPWD Contracting Section, in writing, a minimum of sixty (60) days prior to renewal. The price escalation shall correlate with an appropriate U.S. government published index. Baseline index shall be the index published in the month of award. Prices may be adjusted for each renewal period in accordance with changes in index over the preceding term. Failure to comply with these instructions may be grounds for disallowance of a price escalation as allowed herein.

3.5. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

3.6. Amendments: The contract may be amended in writing by mutual consent of the parties.

3.7. Quantities: Unless this RFO states otherwise, the resulting contract award does not guarantee volume or a commitment of funds.

4. QUALIFICATIONS AND EXPERIENCE

4.1. Minimum Qualifications and Experience: A contract shall be awarded ONLY to a contractor who is experienced in providing the services contained herein. Awarded contractor shall meet the following minimum qualifications:

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4.1.1. Capability to deliver the required services, including process, functional and technical expertise.

4.1.2. Qualifications – Minimum of three (3) years providing products/services as described herein.

4.1.3. Available necessary qualified personnel, skills, qualifications, organization, facilities, equipment, and supplies required to fulfill all requirements under this RFO and resulting contract.

4.1.4. Shall be in good financial standing. TPWD reserves the right to require a copy of the Respondents audited or un-audited financial statement.

4.1.5. Shall have available the necessary qualified personnel, skills, qualifications, organization, facilities, equipment and supplies required to fulfill all requirements under this RFO and any resulting contract.

4.1.6. Shall be in good safety, litigation and financial standing. Upon TPWD request, Respondent shall submit their firm’s audited or un-audited financial statement to support their good standing.

4.2. Supporting Documentation: Respondent shall complete and submit Exhibit D – Company Profile, Exhibit E – Key Personnel, Exhibit F – Past Projects with Corresponding References with response submission to provide documentation to support the above qualifications. (Ref: Section II, Subsection 3.3.)

5. TX-RAMP CERTIFICATION REQUIREMENT

Respondent will be required to be TX-RAMP certified if any PII data is stored.

In the 87th Legislative Session, the Texas Legislature passed Senate Bill 475, requiring the DIR to establish a state risk and authorization management program that provides “a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of a state agency.” To comply, DIR established a framework for collecting information about cloud services security posture and assessing responses for compliance with required controls and documentation. Texas Government Code

2054.0593 mandates that state agencies as defined by Texas Government Code 2054.003(13) must only enter or renew contracts to receive cloud computing services that comply with TX-RAMP requirements beginning January 1, 2022. TXRAMP Level 1 Certification must be obtained by January 1, 2024. TX-RAMP Provisional Certification may be obtained in place of TX-RAMP Level 1 or 2 Certification for a period of 18 months to expedite compliance to assist with active procurements.

Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Respondent represents and warrants that it complies with the requirements of the state risk and authorization management program and Respondent agrees that throughout the term of the contract it shall maintain its certifications and comply with the program requirements in the performance of the contract.

Respondents are highly encouraged to visit the DIR website https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp for additional information on TX-RAMP and certification process. Unless the service(s) falls within the “Out of Scope” category.

TX-RAMP Out of Scope –Categories & Characteristics

• Consumption-focused (advisory/research)

• Graphic Design/Illustration

• GIS/Mapping

• Email/Notification Distribution

• Social Media

• Survey/Scheduling

• LMS/Training

• Accreditation/Compliance Requirements

• Low-Impact SaaS https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00475F.pdf#navpanes=0 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2054.htm#2054.0593 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2054.htm#2054.0593 https://statutes.capitol.texas.gov/sotwdocs/gv/htm/gv.2054.htm#2054.003 https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp

RFO No. 802-25-51306-R Page 6 of 39

6. SCOPE OF WORK AND SPECIFICATIONS

Respondent shall provide workplace behavior assessments, to include an online portal for each participant and facilitator to include, but not limited to, the following functions, capabilities, and requirements:

6.1. Assessments shall accurately describe participants work behaviors in order to improve work productivity, teamwork and communication. Work behaviors are the behaviors that an employee exhibits at work based on how an employee responds to challenges, influences other people, responds to rules and procedures and an employee’s preferred pace of work activity.

6.2. Assessments shall accurately identify the following participant characteristics.

6.2.1. How participants respond to challenges

6.2.2. How participants influence others

6.2.3. How participants respond to rules and procedures

6.2.4. Participants preferred pace of activity

6.3. Participant assessment reports must include the following information. Participant reports should be managed by HR staff and not automatically released to participants.

6.3.1. Detailed explanation of how participant preferred style is present at work

6.3.2. Detailed explanation of participant behaviors in different work situations

6.3.3. Recommendations for improving communication with other work styles

6.3.4. Methods for navigating conflict with other work styles

6.4. Workplace Behavior Assessments: Participant reports should be managed by HR staff and not automatically released to participants.

6.4.1. Estimated Quantity: Five Hundred (500) assessments per calendar year.

6.4.2. Assessments shall be based on workplace behaviors.

6.4.3. Assessments must measure four (4) attributes:

6.4.3.1. Dominance

6.4.3.2. Influence

6.4.3.3. Steadiness

6.4.3.4. Conscientiousness

6.4.4. Attributes shall be measured utilizing a circumplex model for accessibility

6.4.5. Shall provide the capability to set up custom messages utilizing TPWD branding

6.4.6. Shall allow the TPWD trainers ability to tailor curriculum for workplace needs by answering a variety of questions.

6.4.7. Shall provide TPWD trainers with access to an online portal to assign assessments and monitor participants progress.

6.4.8. Shall provide a central location to track assessments and verify status/results

6.4.9. Shall provide participants with an online portal mobile application to learn more about their determined work behavior style, any other work behavior styles, and comparing their style to those other styles.

6.5. Leadership Workplace Behavior Assessments:

6.5.1. Estimated Quantity: Forty (40) assessments per calendar year.

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6.5.2. Assessments shall be based on workplace leadership behaviors.

6.5.3. Assessments must measure four (4) attributes:

6.5.3.1. Dominance

6.5.3.2. Influence

6.5.3.3. Steadiness

6.5.3.4. Conscientiousness

6.5.4. Assessment report shall include all information included in 7.1; 7.2.; 7.3.

6.5.4.1. Provide participant leadership strengths

6.5.4.2. Provide participant leadership challenges

6.5.4.3. Provide methods for adapting behavior to improve leadership skills

6.5.5. Attributes shall be measured utilizing a circumplex model for accessibility

6.5.6. Shall provide the capability to set up custom messages utilizing TPWD branding

6.5.7. Shall allow the TPWD trainers ability to tailor curriculum for workplace needs by answering a variety of questions

6.5.8. Shall provide TPWD trainers with access to an online portal to create assessments

6.5.9. Shall provide a central location to track assessments and verify status/results

6.5.10. Shall provide participants with an online portal mobile application to learn more about their determined work behavior style, any other work behavior styles, and comparing their style to those other styles.

7. CONTRACTOR REQUIREMENTS

7.1. Contractor shall provide service in accordance with requirements specified herein and the resulting contract(s) and adhere to the TPWD Terms and Conditions.

7.2. Contractor shall provide all labor, materials and equipment necessary to meet requirements of the specified services throughout the term of the contract.

7.3. Contractor is responsible for all costs incurred in the performance of the contract.

7.4. Contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the services requested herein, and shall obtain such permits, licenses or other authorizations as may be required.

7.5. Contractor shall follow relevant safety rules and conduct the work in a safe manner.

7.6. Contractor shall attend meetings for kick-off, configuration, and project implementation, either virtually or in person, as coordinated and agreed upon with TPWD.

8. TPWD RESPONSIBILITIES

8.1. TPWD will designate a Project and Contract Manager upon contract award.

8.2. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract.

9. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal

RFO No. 802-25-51306-R Page 8 of 39 written request will be sent to successful respondent to quote on the proposed additional products/services.

Respondent shall submit offers to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all offers and may issue a separate solicitation for the products/services after rejecting some or all of the RFOs. The products covered under this provision shall conform to the specifications as outlined in the request.

10. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

10.1. The terms and conditions of the Contract shall govern all transactions under the Contract.

10.2. The Contract may only be modified or amended upon mutual written agreement of TPWD Procurement

Division Purchaser(s) and the Contractor. An Amendment will be issued to document any changes to the Contract such as statement of work, pricing, terms, delivery, etc.

10.3. Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added in the awarded Contract and given effect. No additional term or condition added can conflict with or diminish a term or condition of the Contract. In the event of a conflict, the Contract term shall control.

11. SUBCONTRACTING

TPWD has determined there are no probable HUB Subcontracting Opportunities for this solicitation.

12. CONTRACT ADMINISTRATION

Administration of the contract is a joint responsibility of TPWD Human Resources Division and the TPWD Purchasing & Contracting Section. TPWD purchasing staff will be responsible for administering the contractual business relationship with the contractor. Upon issuance of contract, TPWD will designate an individual who will serve as the contract manager and point-of-contact between the agency and the contractor. The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

12.1. Monitoring the contractor’s progress and performance and ensuring services conform to established specification requirements.

12.2. Managing the financial aspects of the contract including approval of payments.

12.3. Meeting with the contractor to schedule service, and as needed to review progress, discuss problems, and consider necessary action.

12.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

12.5. Other areas as identified by the State of Texas Contract Management Guide, latest edition.

13. INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Section III, General Terms and Conditions, Para. 9:

13.1. Contractor to submit invoice(s) to: TPWD, Accounts Payable, 4200 Smith School Road, Austin, Texas

78744.

13.2. Invoices must show:

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13.2.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address

13.2.2. Name of receiving entity

13.2.3. Contract/purchase order number

13.2.4. Description, quantity, unit of measure, unit price, extended price of each item

13.2.5. Total price

13.2.6. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

13.2.7. Attach supporting documentation, if required

13.3. Payment will be made in accordance with the Texas Prompt Payment law, TGC, Subtitle F, Chapter 2251. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within thirty days or the Contractor may charge a late payment fee established by law. (Ref: Section III, General Terms and Conditions, Subsection 9.) Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature. See Section 2.24 Excess Obligations Prohibited.

13.4. Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities local payment system.

13.5. Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

RFO No. 802-25-51306-R Page 10 of 39

SECTION II – SUBMISSION REQUIREMENTS

1. SCHEDULE OF EVENTS

TPWD intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TPWD reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an Addendum.

Event Date/Time

RFO Issue Date: January 23, 2025

Questions Due: January 31, 2025; 2:00 PM CT

Offer Due Date: February 11, 2025; 2:00 PM CT

2. INQUIRIES

2.1. CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Vanessa D Contreras, Purchaser Phone 512-389-4722 Texas Parks & Wildlife Department Fax 512-389-4677 4200 Smith School Road, Austin, Texas 78744 purchasing.bidbox@tpwd.texas.gov

2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed in Section II, Subsection 2.1. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

2.3. DEADLINE FOR SUBMISSION OF QUESTIONS: To provide TPWD with sufficient time to adequately prepare responses to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1.

2.4. ANSWERS TO QUESTIONS: The target date for answering questions is within three business days after deadline for questions. Official answers will be posted as an addendum to this solicitation, on the Electronic State Business Daily at http://www.txsmartbuy.com/sp.. Respondent names will be removed from questions in the responses released. TPWD reserves the right to amend answers prior to the offer submission deadline. If respondents do not have Internet access, copies may be obtained through the point of contact listed above. Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal/offer. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the RFO requirements.

2.5. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquires described in Section II, Subsection

2.2 above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Failure to observe this restriction may disqualify respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

3. PROPOSAL/OFFER CONTENT

Below is a summary of required and requested information. Proposals/offers submitted without this information will be evaluated accordingly. TWPD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

mailto:purchasing.bidbox@tpwd.texas.gov

RFO No. 802-25-51306-R Page 11 of 39

3.1. GENERAL RESPONSE FORMAT: E-MAIL submittals are preferred for this solicitation, however hard copies may be submitted as one (1) proposal signed.

3.2. REQUIRED RESPONSE CONTENT:

Respondent MUST include the following documentation in their response submission. Failure to submit with response will result in disqualification of the proposal/offer.

3.2.1. Exhibit A – Execution of Offer: Respondent must submit original signed, dated and completed

Exhibit A - Execution of Offer.

3.2.2. Exhibit B – Compensation and Fees Schedule: Include completed Exhibit B – Pricing Schedule. Pricing should not be included in the submitted copies.

3.3. ADDITIONAL RESPONSE CONTENT:

Respondent must include the following additional documentation in their response submission, or within one business day of TPWD request. Failure to submit this additional documentation by TPWD designated deadline may result in disqualification of the proposal/offer.

3.3.1. Exhibit C – Company Profile: Include completed Exhibit C (or reasonable facsimile).

3.3.2. Exhibit D – Past Projects with Corresponding References: Include completed Exhibit D (or reasonable facsimile).

3.3.3. Exhibit E – Technical Proposal: Include Technical Proposal – tabbed Exhibit E, including numbered responses corresponding to each of the items listed in Exhibit E.

3.3.4. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The respondents should include the signed and dated addendum(s) with their response submission.

4. PROPOSAL/OFFER SUBMISSION

4.1. All proposals/offers shall be received and time stamped by TPWD prior to 2:00 PM Central Time on the date specified in Section II, Subsection 1 and the place specified in Section II, Subsection 5. Late proposals/offers will not be considered under any circumstance and will be returned unopened.

4.2. If submitting hard copies, Proposals/offers should be placed in a sealed envelope/package and correctly identified with RFO number, submittal deadline/opening date and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal/offer to TPWD by the specified date.

4.3. Receipt of all addenda to this RFO should be acknowledged by returning a signed copy of each addendum to the response.

4.4. Respondents to this RFO are responsible for all costs of proposal/offer preparation.

4.5. Proposals/offers shall be submitted to TPWD Headquarters, Purchasing & Contracting, as noted in

Section II, Subsection 5 below.

4.6. All submitted proposals become the property of TPWD after the RFO submittal due date/ deadline.

Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TPWD, whichever is earlier.

4.7. When proposals/offers are opened, only the names of the Respondents who submitted proposals/offers will be read. Prices and terms will not be divulged until after contract award.

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5. DELIVERY OF PROPOSALS/OFFERS

5.1. Responses may be returned via E-mail to Purchasing.Bidbox@tpwd.texas.gov. E-mail submittals are preferred and highly encouraged for this solicitation. Late responses will not be considered under any circumstance.

5.2. E-mailed responses should include the following information in the E-mail “Subject” line: RFO number, submittal deadline date and time. It is the Respondent’s responsibility to E-mail the response to TPWD by the specified date and time.

5.3. Receipt of all Addenda to this RFO should be acknowledged by returning a signed copy of each Addendum to the response.

5.4. Respondents are responsible for all costs of response preparation.

5.5. Telephone responses are NOT acceptable. All submitted responses become the property of TPWD after the RFO submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety

(90) days or until selection is made by TPWD, whichever is earlier.

5.6. Hard Copy Proposals shall be submitted to TPWD by one of the following methods:

6. EVALUATION AND AWARD

6.1. A contract will be awarded to the responsible respondent(s) who submits the proposal/offer determined to be the best value to the State and who meet all requirements included in this RFO.

6.2. Cash discounts offered by the respondent will NOT be a factor in proposal/offer evaluation.

6.3. Proposals/offers may be withdrawn by written notice at any time prior to award. An e-mail to the purchaser name identified in Section II, Subsection 2 above will be acceptable as a written notice for withdrawn. No proposals/offers will be returned after award.

6.4. Step 1 – Administrative Review by Purchasing: Response submissions will be checked to make sure that all required documents were submitted. Only a complete response with the listed required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive.

Responses that do not conform to the instructions included in this solicitation may be rejected by TPWD and declared non-responsive. TPWD reserves the right to reject any or all proposals/offers and to waive informalities and minor irregularities in proposals/offers received. No proposals/offers received in TPWD Purchasing and Contracting Section after the exact date and time specified as the deadline for responses will be considered.

6.5. Step 2 – Phase I Evaluation: A TPWD evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team.

Responses will be evaluated according to the respondent’s ability to best satisfy TPWD requirements.

Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

U.S. Postal Service Overnight/Express Mail Hand Deliver

Texas Parks and Wildlife Dept.

Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744

TPWD – Mail Room Attn: Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744 Hours – 8:00 AM to 5:00 PM

TPWD – 1st Floor Security Desk Attn: Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744 Hours – 8:00 AM to 5:00 PM

NOTE: Proposals/Offers must be date stamped in Purchasing & Contracting prior to the due date and time.

mailto:Purchasing.Bidbox@tpwd.texas.gov

RFO No. 802-25-51306-R Page 13 of 39

Evaluation Criteria Weight

Compensation and Fees (Exhibit B) 35%

Qualifications, Experience, Capability, . (based on Exhibits C and D)

30%

Technical Proposal (Exhibit E) 35%

Total 100%

6.6. Step 3 – Short List: At TPWD’s sole discretion, a short-list may be developed. Then, TPWD may check references and/or inspect respondent’s facility/equipment.

6.6.1. References may include past performance evaluations. References will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the proposal/offer.

6.6.2. Facility and/or equipment may be inspected to verify ability to successfully complete the project.

Inspection will be scored on a pass/fail basis. Failure may be grounds for disqualification of the proposal/offer.

6.7. Step 4 – Phase II Evaluation: At TPWD’s sole discretion, top ranking Respondents may be required to provide an oral presentation and demonstration.

6.7.1. TPWD will advise selected Respondents in writing of the location, date, time, and guidelines for the presentation and demonstration. A minimum of two weeks’ notice will be given to the

Respondent(s) selected for the presentation phase.

6.7.2. The order of participation in the presentations and demonstrations will be determined at random.

Respondents will be allotted equal amounts of presentation time. Presentations and demonstrations must be consistent with the written Offer/Proposal that is submitted.

6.7.3. TPWD may provide the Respondent with a list of proposed key personnel required to attend and participate in the presentation and demonstration meeting.

6.7.4. Respondents may be required, as part of its presentation and demonstration, to respond to specific questions developed by the Evaluation Committee during Offer/Proposal evaluation.

6.7.5. Step 4 Phase II Evaluation measures the following criteria:

Phase II Evaluation Criteria Weight

System Capability and Functional Requirements 40%

System Capability to Meet Technical Requirements 35%

Ease of Use 25%

Total 100%

6.8. Step 5 – Negotiations: Upon TPWD’s completion of evaluation and scoring and any presentations, TPWD reserves the right to enter into negotiations with one or more selected Respondents.

6.9. Step 6 - Best and Final Offer (BAFO): The evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award of a contract may be made without discussions or Best and Final Offers, if in the best interest of the state.

6.9.1. BAFO: A request for a Best and Final Offer is at the sole discretion of TPWD and will be requested in writing. If requested, respondent(s) shall submit a final price and any added value. If more than one respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TPWD will make the final determination on the best value.

6.10. AWARD: TPWD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TPWD in performance of this service. TPWD will be the sole judge of best value. (Refer to Section III, Item 3.6 for Best Value criteria.)

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SECTION III – GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS – INFORMATION TECHNOLOGY PROJECTS

MARCH 2022

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd.

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired. Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take http://www.txsmartbuy.com/esbd

RFO No. 802-23-21712 Page 15 of 39 exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

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

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

2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

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

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177, of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

• The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor Performance System,

• Currently under a Corrective Action Plan through the Texas Comptroller of Public Accounts (CPA),

• Having repeated negative Vendor Performance Reports for the same reason,

• Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at:

www.txsmartbuy.com/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA 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. Any such investigations shall be at the sole http://www.txsmartbuy.com/vpts

RFO No. 802-23-21712 Page 16 of 39 discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

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

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract.

RFO No. 802-23-21712 Page 17 of 39

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021.

The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service. Payment by a political subdivision Customer whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event of: (1) the date TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date TPWD receives the invoice for the goods or service.

10. PATENTS, TRADEMARKS, OR COPYRIGHTS: Respondent agrees to defend and indemnify the TPWD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TPWD's or the State's use of any good or service provided by the Respondent as a result of this solicitation.

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent. The successful Contractor hereby assigns to TPWD, any and all claims for overcharges associated with any contract resulting from this solicitation which arise under the antitrust laws of the United States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

RFO No. 802-23-21712 Page 18 of 39

13. DEBTS AND DELINQUENCIES: As required by Gov't Code §2252.903, the Respondent agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency is has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

14. DISPUTE RESOLUTION:

14.1. The dispute resolution process provided for in Chapter 2260 of Texas Gov’t Code and TPWD regulations shall be used by TPWD and the Respondent to resolve all disputes arising under this Contract. The Contractor shall comply with such rules, as revised from time to time.

14.2. If the Contractor's claim for breach of Contract cannot be resolved informally with TPWD, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260. The notice shall also be given to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirement or toll the timing of the formal written notice of a claim for breach of Contract required under § 2260.051 of Texas Gov’t Code. Compliance by the Contractor with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260.

14.3. The contested case process provided in Chapter 2260 is the Contractor's sole and exclusive process for seeking a remedy for an alleged breach of Contract by TPWD if the Parties are unable to resolve their disputes as described above.

14.4. Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code. Neither the execution of the Contract by TPWD nor any other conduct of any representative of TPWD relating to the Contract shall be considered a waiver of sovereign immunity to suit.

14.5. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TPWD, the Contractor shall continue performance and shall not be excused from performance during the period any breach of Contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend performance during the pendency of such claim or…