ESBD_394318_1738875904712_SOL_PST_405-24R0006458.pdf

DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SOLICITATION NO.

405-24R0006458

TYPE OF SOLICITATION

INVITATION FOR BIDS

DATE ISSUED

02/06/2025

CJIS AUDIT AND TRAINING SOFTWARE MAINTENANCE AND SUPPORT

Bidder must submit electronic responses no later than 5:00 P.M. Central Time on 02/24/2025 to the following email address.

DPS_Solicit_Response@dps.texas.gov Attention: 405-24R0006458

DPS is not currently accepting any in-person solicitation responses. DPS will only accept electronic responses received by the date and time indicated in this solicitation document.

FOR INFORMATION CONTACT:

Natalia Linda Medina, CTCD, CTCM

Contract Administrator

PHONE: 956-565-7512

EMAIL: Natalia.Medina@dps.texas.gov

RESPONSE (Bidder must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

Bidder acknowledges receipt of solicitation addenda and related documents numbered siand dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF BIDDER:

RESPONSE DATE

EMAIL AND TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES

SOLE SOURCE OR PROPRIETARY: DPS is advertising this solicitation under Texas Government Code § 2155.067.

DPS believes that the requested items are sole source or proprietary to one manufacturer, specifications, or both.

DPS will only consider responses conforming exactly to this solicitation in determining award. However, DPS strongly encourages responses from all qualified vendors who may be able to provide the specified items (memo attached).

By signing this document, Bidder represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Bidder must sign its response in the space indicated above. Failure to sign will deem the response non-responsive. Also, DPS may pursue and enforce any available remedies against the Bidder for making any false statement, including disqualifying the Bidder’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, AND FUNDING

The contract term commences on 05/01/2025 and expires on 04/30/2030.

DPS will not allow changes after Date of Award to terms or pricing during either the Contract term or any optional renewal period. The continuation of the Contract for any period is subject to the availability of DPS’s funding source for the Contract.

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TABLE OF CONTENTS

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.4 MANDATORY PRICING SCHEDULE

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 REQUIRED SPECIFICATIONS

C.3 REQUIRED SPECIFICATIONS

C.4 MAINTENANCE AND SUPPORT REQUIREMENTS

C.5 ENHANCEMENT SERVICES

C.6 SERVICE LEVEL AGREEMENTS

C.7 TRANSITION

C.8 REPRODUCTION OF MATERIAL

C.9 DPS PERSONNEL

C.10 LIQUIDATED DAMAGES

C.11 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

C.12 INSURANCE REQUIRED UNDER THIS CONTRACT

C.13 SERVICE CALL RESPONSE TIME

C.14 CRIMINAL HISTORY BACKGROUND CHECK

C.15 GENERAL CONFIDENTIALITY REQUIREMENTS

C.16 PERSONAL INFORMATION

C.17 INFORMATION TECHNOLOGY STANDARDS AND REQUIREMENTS

SECTION D—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

D.1 RESPONSE PREPARATION INSTRUCTIONS

D.2 SOLICITATION ADDENDA

D.3 LATE SUBMISSIONS, CHANGES, AND WITHDRAWALS OF RESPONSES

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D.4 RESPONSE ACCEPTANCE PERIOD

D.5 CONTRACT AWARD

D.6 DPS’S RIGHTS

D.7 RESPONSE SUBMISSION INSTRUCTIONS

D.8 DISCUSSION AND CORRESPONDENCE

D.9 BIDDER SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

D.10 AGENCY POSTING OF CONTRACTS

D.11 ANTICIPATED SCHEDULE OF EVENTS

SECTION E—EVALUATION CRITERIA

SECTION F—LIST OF EXHIBITS

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SECTION A—DEFINITIONS

The following terms and acronyms used in this Contract have the meanings given in this section unless the context indicates otherwise.

“Bid” means the Bidder’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

“Bidder” means the individual, business entity, or organization that submits a response in reply to this solicitation with intent to contract with DPS.

“Business Day” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 8:00 a.m. to 5:00 p.m. Central Time.

“Contract” means the formal, written, and legally enforceable agreement between DPS and Contractor.

“Contractor” means the individual, business or other entity awarded this Contract. In the context of submitting a response, “Contractor” also means “Bidder” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“DPS” means the Department of Public Safety of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 411.

“Fiscal Year” means any of the one year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with DPS.

“Parties” means Contractor and DPS.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

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SECTION B—SERVICES AND PRICES

B.1 PRICING REQUIREMENTS

B.1.1 Pricing Instructions

A. Bidder must submit proposed pricing on the Mandatory Pricing Schedule that includes all costs, fees, licenses, and all expenses for Contractor’s delivery and performance of the commodities or services requested. The final contracted pricing and payment structure will represent Contractor’s sole compensation under the Contract. DPS guarantees no minimum compensation under the Contract.

In the event that there is only one qualified Bid in response to this solicitation, DPS may, at its discretion, negotiate with Bidder.

B. Contractor must deliver and provide the commodities and services described in compliance with all requirements of the Contract on a no minimum, as needed, as requested basis. Notwithstanding anything else to the contrary in the Contract, DPS will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received approval from DPS’s Contract Monitor specifically stating that DPS accepts the commodities or services and Contractor is authorized to submit an invoice. If DPS does not accept the commodities or services, the Contract will involve no payments of any type for any amount.

C. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Tex. Gov’t Code § 2155.067. If a Bidder believes it can satisfy these specifications, it should bid its goods or services and explain how the specifications will be adequately met.

D. If bidding on specifications other than those stated within this solicitation, bid should show manufacturer, brand, or trade name, and other description of product offered. If other than brand specified is offered, then Bidder must include specifications, illustrations, and complete descriptions of product offered must be included with bid.

E. Unless otherwise specified, all items bid must be new and unused and of current production.

B.1.2 Financial Rating Report, Financial Resources, and Ability to Perform

A. Upon request, Bidder must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Bidder is

Page 6 of 34 Version 1.1, Template Approved 10/31/2022 submitting a response. This includes information Bidder believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. Evidence of financial stability include providing audited financial statements for each of the last two years of Bidder’s operations or, in the alternative, financial statements compiled, reviewed and attested by an independent certified public accountant or certified public accounting firm. Bidder may submit a copy of its Dun & Bradstreet (D&B) Business Information Report. If a D&B is submitted the report must include Bidder’s Viability Score and the Portfolio Comparison Score or similar ratings.

C. In lieu of providing financial statements in its Proposal, a Bidder may provide a statement regarding its financial stability and viability to perform under any resulting contract. If Bidder elects this approach rather than audited financial statements, the Bidder must submit a statement, with appropriate supporting documentation, sufficiently detailed to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this solicitation.

D. Bidder must provide information and any other financial information reasonably requested by DPS consistent with the services provided by Bidder or otherwise required by the then applicable DPS policies for similar contracts.

E. Selected Contractor must also submit to the Contract Administrator its financial rating information within 120 days after the end of Contractor’s fiscal year.

F. DPS reserves the right to investigate and determine the financial integrity and responsibility of a Bidder and to reject a response on the grounds of Bidder’s lack of financial soundness, or if DPS reasonably concludes, after reviewing the information submitted by Bidder as well as all other relevant information obtained by DPS, that significant issues exist that could jeopardize Bidder’s full and timely performance. DPS also reserves this same right throughout the life of the Contract, including before executing any optional renewal with Contractor.

B.2 INVOICE REQUIREMENTS

A. Invoices are Contractor’s billing for commodities or services rendered. DPS will pay Contractor based on itemized invoices submitted to and approved by DPS. The invoices must be itemized and clearly identify the actual commodities and services provided.

B. Contractor’s invoice must include the following: the Contract/Purchase Order number, the remittance address, and any prompt payment discount offered. Contractor must email the invoice to the Contract Monitor listed in the Contract and to apinvoices@dps.texas.gov.

mailto:apinvoices@dps.texas.gov

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The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not email the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. DPS recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (74- 176).

B. Regardless as to whether Direct Deposit is chosen, Contractor must submit a completed Application for Texas Identification Number (AP-152) and Request for Taxpayer Identification Number and Certifications (W-9) Form with its bid submittal.

C. If Contractor has previously submitted a completed Direct Deposit Authorization Form and Request for Taxpayer Identification Number and Certifications Form to DPS for another separate contract, Contractor is not required to submit another form.

B.4 MANDATORY PRICING SCHEDULE

Respondent must submit pricing within the Pricing Schedule below replicating, as necessary, in this exact format.

CJIS Audit and Training Maintenance and Support

LINE

ITEM DESCRIPTION QTY UOM UNIT PRICE EXT PRICE

DISCOUNTED ANNUAL

COST FOR LUMP SUM

PAYMENT OPTION

Initial Term – 05/01/2025 – 04/30/2030

1 CJIS Audit & Training: Maintenance and Support (Unlimited for the state of Texas, specific to those who are law enforcement related or involved) – 05/01/2025 – 04/30/2026

12 MO $ $ $

2 CJIS Audit & Training: Maintenance and Support (Unlimited for the state of Texas, specific to those who are law enforcement related or involved) – 05/01/2026 – 04/30/2027

12 MO $ $ $

3 CJIS Audit & Training: Maintenance and Support (Unlimited for the state of Texas, specific to those who are law enforcement related or involved) – 05/01/2027 – 04/30/2028

12 MO $ $ $

4 CJIS Audit & Training: Maintenance and Support (Unlimited for the state of Texas, specific to those who are law enforcement related or involved) – 05/01/2028 – 04/30/2029

12 MO $ $ $

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5 CJIS Audit & Training: Maintenance and Support (Unlimited for the state of Texas, specific to those who are law enforcement related or involved) – 05/01/2029 – 04/30/2030

12 MO $ $ $

TOTAL $ $

Hourly Rate for Enhancements (Initial Term – 05/01/2025 – 04/30/2030)

YEAR COMPANY NAME POSITION TITLE / DESCRIPTION OF DUTIES QTY UOM UNIT PRICE

05/01/2025 – 04/30/2026

1 HR $

05/01/2026 – 04/30/2027

05/01/2027 – 04/30/2028

05/01/2028 – 04/30/2029

05/01/2029 – 04/30/2030

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SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

The Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy (CSP) requires the Department of Public Safety (DPS), as the state of Texas CJIS Systems Agency, to monitor the statewide training and auditing of local criminal justice and non-criminal justice agencies. DPS is requesting bids for software maintenance and support of the existing web-based software, CJISOnline.com, copyright of Peak Performance Solutions, which tracks agency and DPS’s adherence to requirements contained in all policy areas of CSP, with specific attention to Policy Area 2, Security Awareness Training, Policy Area 4, Auditing and Accountability, and Policy Area 11, Formal Audits.

C.2 REQUIRED SPECIFICATIONS

The Contractor must provide continuous, ongoing software maintenance and support for the existing software, with 24/7/365 audit, compliance tracking, and security awareness training of the current DPS system and provide any DPS-authorized enhancements or other system changes. The software will not retain criminal justice information.

The Contractor's services for the systems may include, at DPS’s sole discretion, customization, and enhancements. Factors requiring application enhancements include legislative changes, Federal Bureau of Investigation (FBI) or DPS audit results, administrative mandates, or DPS-designated updates for modernization or best business practices. Enhancement services could include specification development, programming, interfaces, testing, implementation, and other reasonable services. Upon final acceptance of an enhancement, the Contractor will assume maintenance and support duties of the enhanced software at no additional cost beyond those costs outlined in the Mandatory Pricing Schedules.

C.3 REQUIRED SPECIFICATIONS

C.3.1 General Business Requirements

The Contractor must:

1. Have access to DPS’ current CJIS Audit and Training system to be able to provide technical support to maintain the operation and functionality of the most current version of the system. This includes any DPS-requested enhancement services per Section C.5.

2. Provide all maintenance, support, and enhancement services in compliance with the DPS Information Technology (IT) and Cyber Security standards and the most current federal CJIS security where applicable throughout the life of this Contract. DPS and the Contractor will determine relevant deadlines for updates and enhancements.

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3. Provide staff resources including technical support and customer service personnel to perform services required by this Contract during the principal period of operation, which is identified as Monday through Friday from 8:00 a.m. to 5:00 p.m. CST, excluding state or federal holidays. Required services include but are not limited to system support requests to set up new users in the system, and reassignment of individuals from one agency to another.

4. Work with DPS program and technical staff regarding service activities upon DPS’s request.

5. Respond to DPS’s queries for additional information and action within two Business Days, unless DPS and Contractor agree that additional time is needed for adequate research and response.

6. Work with and report directly to the DPS Project Manager or assigned designee regarding services, compliance with specifications, and issued Change Order Request Forms (CORF(s)).

7. Provide liaison activities between Contractor’s staff and the DPS Project Manager or assigned designee.

8. Provide and maintain the list of Contractor’s staff assignments necessary to support the systems’ service requirements. Contractor must provide this list to DPS upon request and upon any changes in Contractor’s staff assignments.

9. Work with all assigned DPS staff and third-party Contractors engaged in providing services for DPS as they relate to the Contract and service requirements as defined by

DPS.

10. Conduct a kick-off meeting upon DPS request for the initiation of this Contract and any Change Orders held in person at DPS’s headquarters in Austin, Texas, or virtually with the agreement of Contractor and DPS, at a date and time agreeable to DPS at no additional cost.

C.3.2 Technical System Requirements

The software must:

1. Manage CJIS security audits based upon FBI guidelines and specific DPS requirements, i.e., accommodate multiple audit assignments and scheduling changes and provide the ability to maintain and download them in a readable format.

2. Administer security awareness training that meets FBI, state level, and DPS requirements, specific to meeting the national FBI CJIS Security Awareness points as identified within the CSP. As example, FBI CJIS policy requires for additional audit findings and roles and responsibilities as it relates to LASO training, specific in nature to the state level.

3. Ability to track audits and training and compliance of both.

4. Allow multiple user roles and permissions with an option to permit DPS administrators to create new roles and modify existing ones.

5. Provide continuous 24/7/365 system access to authorized users.

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6. Include full, indelible transaction logs that DPS administrators can view. Audit assignment and completion records must be able to track and run transaction logs to reflect any changes of an assigned audit if needed.

7. Allow for the creation of agency profiles using fields determined by DPS. Currently, DPS prefers to have the ability to create agency accounts, which include Originating Agency Identifiers (ORI) within the address fields.

8. Be scalable to accommodate all current and future users without a noticeable decrease in functionality or system speed.

9. Allow selected roles to manage users for their entity, including creating new system users.

10. Provide the ability for selected DPS users to make configurable changes to the software. Examples include changes to the training curriculum, exam questions, and audit recurrence timelines.

11. Support all common question-and-answer or exam question formats such as fill-in-the-blank, multiple choice, yes/no responses, and include the ability to provide follow-up questions based upon previous responses.

12. Allow users to upload documents to the software in standard file formats.

13. Permit selected users to develop and implement automated notifications as defined by

DPS.

14. Allow users to print selected documents and certificates in the software.

15. Provide scheduled and ad hoc reporting.

16. Create easily modified reports and portals for DPS system administrators.

A. In addition to the software requirements above, the Audit module is required to:

1. Be capable of building and managing multiple audits for a single entity simultaneously, possibly at different stages and times.

2. Allow selected users to initiate ad hoc audits.

3. Allow selected users to review audits and audit progress.

B. In addition to the software requirements listed in Section A, the Security Awareness

Training module is required to:

1. Include content relevant to current CJIS and state-level requirements with the ability for DPS administrators to add, edit, and delete.

2. Have the ability to track compliance with training requirements by user, agency, and other criteria determined by DPS. These criteria could include, but are not limited to, incidents, recurring findings, and agency ORI.

C.4 MAINTENANCE AND SUPPORT REQUIREMENTS

C.4.1 Software Support Requirements

The Contractor must:

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1. Maintain up to date knowledge of the current FBI specifications, as identified within the most recent and current version of the FBI Policy.

2. Work within the existing version of the CJIS Audit and Training system and have access to the source code under the original CJIS Audit and Training system contract awarded to Peak Performance to conduct needed maintenance and support work and permission to modify the source code, if required.

3. Maintenance and support for the system during the principal period of operation, defined as Monday through Friday, 8:00 am to 5:00 pm CST, excluding federal and state holidays, to ensure ongoing premium software functionality and operational effectiveness.

4. Periodic software updates will incorporate (1) corrections of any defects and (2) Contractor-initiated modifications to the software, with prior written approval from DPS’s Project Manager or assigned designee. Release notes must be provided to the DPS Project Manager or assigned designee as agreed upon between the Contractor and

DPS.

5. Manage support for the Software in adherence to the Service Level Standards outlined in Section C.6.

6. Reminder notices to DPS's Project Manager or assigned designee at least five (5) business days before scheduled preventive maintenance activities for those activities that impact System operation. The notice will include but are not be limited to:

a. Beginning date and time and estimated ending date and time of anticipated downtime;

b. Description and purpose of the scheduled maintenance;

c. Anticipated impact to the current System functionality;

d. A listing of any DPS resources necessary for the maintenance and

e. A rollback plan.

7. Installation of patches and upgrades of all applications and operating system software associated with the system and maintenance of interface connectivity.

8. Necessary reference manuals and user guides. These documents must be updated and kept current throughout the life of the Contract at no additional cost to DPS. The Contractor and DPS must agree upon a deadline for updated documentation based on the relevant changes.

9. Support for all software licenses utilized by DPS, including but not limited to identifying, verifying, reporting, and resolving problems associated with the software licensed to DPS (by third parties and Contractors) to maintain the software performance levels.

C.4.2 Preventive Maintenance

The Contractor must provide preventive maintenance services to maintain the system in good condition and working order on a mutually agreeable scheduled basis. The preventive maintenance schedule is to be based on the Contractor and DPS PM or assigned designee mutual agreement of the service required for each system component. It is understood

Page 13 of 34 Version 1.1, Template Approved 10/31/2022 that this schedule will be oriented around periods when the system is expected to have the lightest use and outside of the principal period of operation.

The principal period of operation coverage is Monday through Friday from 8:00 a.m. to 5:00 p.m. CST, excluding state or federal holidays.

Contractor must:

1. Provide installation of patches and upgrades of all applications and operating system software associated with the system, with written preauthorization of DPS to keep current with FBI CJIS and DPS IT Division policies and standards as the policy changes go into effect. Preventive maintenance is required and separate from any DPS-requested work under Section C.5 Enhancement Services. Updates to manuals resulting from system software updates must be supplied to DPS as part of the maintenance cost.

2. Provide DPS’s Project Manager or designee with email or phone notice of unscheduled preventive maintenance activities and receive approval from DPS before services are rendered.

3. Provide an advance notice reminder to the Department’s Project Manager or assigned designee at least five (5) business days before scheduled preventive maintenance activities for those that impact system operation.

4. Install, without charge outside the principal period of operation, all mandatory changes with written preauthorization from DPS.

5. Replace faulty, malfunctioning, or end-of-life system software to maintain the current system functionality and operational effectiveness.

C.4.3 Remedial Maintenance

Contractor must:

1. Provide all necessary maintenance at no additional cost to DPS to remedy malfunctioning software to regain full operability.

2. If DPS informs the Contractor of a software failure, notification will be considered approval to provide Remedial Maintenance. If the Contractor discovers a software failure, the Contractor must promptly notify the DPS Project Manager or designated employee.

C.5 ENHANCEMENT SERVICES

System enhancements are performed by Contractor outside of the scope of preventive, and/or remedial maintenance. Any enhancement services with less than eight hours of labor must be at no additional cost to DPS.

1. Enhancement services that are estimated to exceed eight hours must be governed by the issuance of a task-specific Change Order Request Form (CORF), using the rates in the hourly rate pricing for future enhancement services (fixed hourly rate) in the

Page 14 of 34 Version 1.1, Template Approved 10/31/2022 mandatory pricing schedule, Table 2. DPS will initiate this process by providing Contractor with a written scope statement of the requested change(s) for Contractor to draft a CORF using the DPS approved and incorporated CORF. Once DPS and Contractor have determined and agreed to all deliverables and updated the CORF accordingly, DPS will execute a Purchase Order Change Notice (POCN) to incorporate the final CORF.

Once fully executed, Contractor may begin performing the agreed-upon enhancement services.

2. All services must remain within scope of this Contract and are at the sole discretion of

DPS.

3. Work requested through CORF must abide by the terms and conditions under this Contract and will not add any contractual terms and conditions through the Change Order Request process.

4. Any changes to Change Order deliverable dates must be reviewed and approved by DPS before placed in effect. The request for a revised schedule must include the impact on:

related and / or dependent tasks, overall project, resolution methodology for correcting deficiencies, and change to specific and overall timeframes.

5. Contractor must repair defects enumerated in the Change Order Request caused by the following: acts of God; neglect; misuse or abuse of the system; or use of non-recommended products or services.

6. Deliver all agreed upon deliverables on the dates identified in the Change Order Request Form (Table #3 of each Change Order Request). If delays occur, Contractor must follow the stated requirements outlined in Section C.5.E of this Contract.

Contractor may be required to provide a service credit to DPS equal to $1,000 for each day Contractor fails to meet any agreed upon deliverables as defined within a Change Order. Service credits will apply on a per deliverable basis if Contractor does not comply with stated requirements and fails to meet an agreed upon deliverable. Service credits are a price adjustment and do not mitigate the liquidated damages provisions.

See below Service Level Standards for Maintenance and Support. Contractor must follow DPS’s Change Control Board (CCB) processes outlined in the IT Standards and Requirement Exhibit.

7. Contractor must provide a monthly status report during the life of a change order. The monthly status report should include details about completed tasks, pending tasks, unstarted tasks, and any risks or issues related to the change order. The report is due by the fifth business day of the month for the prior month activities and should be submitted to the DPS Contract Monitor and Project Manager.

8. Train on system operations including data entry, system administration, interface management and report generation. Training materials for Contributing Agencies as well as user guides and other documentation for both internal and external users to support a Train-the-Trainer program.

9. Once the CORF enhancements are in production, DPS will test and review for completion of all work outlined in the CORF. Change order acceptance must comply with the minimum requirements contained in the IT Standards and Requirements Exhibit. DPS approval to validate successful completion will be provided through a Change Order Acceptance Form.

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10. Contractor must provide test plan, test cases with test results, training plan, training, business process documentation, system documentation, and other documentation requested by DPS for each change order requested within 15 business days of DPS final acceptance of the change order.

C.6 SERVICE LEVEL AGREEMENTS

Contractor must:

1. Use the DPS-approved ticketing system or DPS incident ticket process for all issues requiring vendor support. This process will be used to track the initial report of the issue, the status changes for the issue, and the resolution when determined.

2. Aid in the discussion to assign a severity level to each incident ticket. DPS reserves the right to adjust the assigned severity level for each incident ticket. DPS will have the final say as to the severity level of each incident reported.

3. Identify, verify, report, and resolve issues associated with software to DPS in order to maintain system functionality and operational effectiveness.

4. Report all issues encountered to the DPS designee within fifteen (15) minutes of identification and to the ITD OIC if the incident occurs outside ITD OIC operating hours.

Status for each incident must be given to the DPS designee as outlined below, dependent on severity level.

5. Upon verbal or written notification of an issue, Contractor must provide the following mean time to resolve for defect resolution:

a. Blocker/Critical – Severity 1 - system (software) is down and non-usable or the application is largely non-usable. A Severity Level 1 event has a high impact on the operation of the affected application or other service and cannot be circumvented (i.e.

there is no workaround available), including an error or outage (period of unavailability or disruption of service) which negatively impacts compliance with regulatory mandated timeframes, or jeopardizes privacy of information or could lead to the imposition of penalties, fines, or other financial impacts to DPS. A Severity 1 event, due to the immediacy of its effect on critical business functions, requires a change be made on an immediate-response basis. This can include specific transaction issues that are on hold and unable to proceed due to an issue, severe user accessibility malfunction, limitations on data flow, as well as CJIS and Cyber Security issues. Vendor acknowledgement via e-mail or phone to the DPS representative within 15 minutes, fix delivered in no more than 24 hours. Status updates will be sent to the DPS point of contact or designee hourly until a fix is installed and accepted.

b. Major/High – Severity 2 - system (software) is functional but suffering from significant impact to operations and routine processes. A Severity Level 2 event can materially affect DPS, causing a substantial impact, including any error or outage (period of unavailability or disruption of service) that affects a group or groups of users or a single

Page 16 of 34 Version 1.1, Template Approved 10/31/2022 user performing a critical business function. This can include any technical impact, even a portion of functionality regardless of transparency to users, to be resolved with expediency to not affect the user community or data flow, as well as CJIS and Cyber Security issues. Vendor acknowledgement via e-mail or phone to the DPS representative in four hours, fix delivered within 72 hours. Status updates will be sent every 4 hours until a fix is installed and accepted.

c. Moderate/Medium – Severity 3 - system (software) is functional, some impact to operations. A Severity Level 3 even does not materially affect DPS and does not cause a substantial impact but has the potential to do so if not resolved expeditiously. This can include any technical impact, even a portion of functionality regardless of transparency to users, as well as CJIS and Cyber Security issues. Vendor acknowledgement via e-mail or phone to the DPS representative within eight (8) hours, fix delivered within ten days.

Status updates will be sent by 5:00 p.m. Central time daily until a fix is installed and accepted.

d. Trivial/Low – Severity 4 - minor issue with minimal impact to operations. A Severity Level 4 event is defined as an event that may require an extended resolution time, but the individual or group has a reasonable workaround to use while waiting for the resolution. The event does not have an adverse impact on the business operations of DPS. This can include any technical impact, even a portion of functionality regardless of transparency to users, as well as CJIS and Cyber Security issues. Vendor acknowledgement via e-mail or phone to the DPS representative within 24 hours, fix delivered within 45 days. Status updates will be sent weekly until a fix is installed and accepted.

C.7 TRANSITION

In the event that DPS awards a subsequent competitive solicitation to a new Contractor or if DPS decides to perform the work itself, Contractor must work with DPS and any new contractor to smoothly and seamlessly transition the Contract. Contractor will develop a transition plan upon request by DPS. DPS must approve the transition plan before implementation. DPS will not release the final invoice until Contractor returns all work to

DPS.

DPS will ensure cooperation on the part of any subsequent Contractor, other entity or DPS’s personnel, depending on the entity to which DPS directs all or part of this Contract to be transitioned; however, Contractor must maintain responsibilities for all tasks, deliverables and performances under this Contract during the transition period. At the end of the determined transition period, or earlier depending on DPS’s approval, the subsequent Contractor, other entity or DPS will assume full responsibility for all tasks, deliverables and performances as directed by DPS.

Knowledge transfer will occur over the entirety of the determined transition period. The knowledge transfer will take place via various methods. Contractor must, at a minimum, coordinate and conduct two formal classroom training sessions in person at a location

Page 17 of 34 Version 1.1, Template Approved 10/31/2022 designated by DPS or virtually with the agreement of Contractor and DPS. These sessions will focus on the specific Transition Plan requirements and any other tasks or activities identified by Contractor and DPS as needed to ensure a successful transition of technology necessary to continue system operations. Training sessions will be completed no later than 60 days prior to the end of the transition period. Contractor, DPS and the subsequent Contractor or other entity will meet a minimum of once per week to determine if further training or knowledge transfer is required.

DPS will make the determination, in its discretion, of when the transition is complete and will provide Contractor and the subsequent Contractor or other entity with formal written acceptance indicating such transfer of responsibilities. The formal transfer of duties will be documented, in writing, to include acceptance signatures from DPS, Contractor, and the subsequent Contractor or other entity.

Activation of the Transition Plan approved by DPS under these provisions will begin upon Contractor’s receipt of written notification from DPS that this Contract, in whole or in part, is being transitioned. Contractor must comply with these provisions and the Transition Plan. Contractor’s failure to comply with these provisions and the Transition Plan will constitute a material breach of this Contract.

C.8 REPRODUCTION OF MATERIAL

DPS may reproduce all documentation and printed materials provided by Contractor pursuant to all relevant copyright laws governing such materials. If the documentation described above is revised at any time or if Contractor develops additional documentation for the system, Contractor must deliver an electronic copy and two paper copies (if requested by DPS) of such revised or additional documentation to DPS at no additional cost.

C.9 DPS PERSONNEL

C.9.1 DPS’s Contract Administrator

A. The Contract Administrator for administration of this Contract is Natalia Linda Medina.

B. The telephone number for the Contract Administrator is 956-565-7512.

C. The email address is Natalia.Medina@dps.texas.gov.

The Contract Administrator is responsible for the general administration of this Contract, negotiation of any changes, and issuance of written amendments to this Contract.

If DPS and Contractor agree to amend the Contract, DPS will issue a written amendment signed by authorized signatories of the Parties.

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C.9.2 DPS’s Contract Monitor

A. The Contract Monitor for this Contract is Robin Keiffer or assigned designee.

B. The telephone number for the Contract Monitor is 512-424-2427.

C. The email address is CRD_CMO@dps.texas.gov.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of DPS or the State of Texas outside of contractual authority. In milestone-based contracts, the Contract Monitor is authorized by DPS to issue a Notice to Proceed to the Contractor signifying that the period of performance is to begin.

C.9.3 DPS’s Project Manager

A. The Project Manager for this Contract is James Gore.

B. The telephone number for the Project Manager is 512-424-7911.

C. The email address is James.Gore@dps.texas.gov.

DPS’s Project Manager for the Contract is responsible for the overall management and coordination of the project and will act as the central point of contact for DPS.

The Project Manager has authority to act for DPS in the performance of any project connected to the Contract.

C.10 LIQUIDATED DAMAGES

A. DPS reserves the right to assess liquidated damages at an amount up to $1,000 per day for each Business Day Contractor fails to comply with all requirements of the Contract. The parties acknowledge that the harm that will be caused to DPS by such a delay is difficult to estimate; however, the amount of liquidated damages listed in the Contract is a reasonable estimate and is enforceable.

B. Contractor will not be responsible and liquidated damages may not be assessed due to any delay caused by schedule amendments requested by DPS, delays as the result of activity that is the responsibility of DPS Project Team, as long as Contractor timely files its deficiency report as required by the section entitled “Rolling Estoppel” or delays that DPS deems were outside the control of Contractor. The burden of proof that the delay is attributable to DPS rests with Contractor.

C. Any liquidated damages assessed under the Contract may, at DPS’s option, be deducted from any payments due to Contractor. DPS has the right to offset any liquidated damages payable to DPS, as specified above, against any payments due to Contractor. If insufficient payments are available to offset such

Page 19 of 34 Version 1.1, Template Approved 10/31/2022 liquidated damages, then Contractor must pay to DPS any remaining liquidated damages within 15 days following receipt of written notice of the amount due.

C.11 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A. An Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Tex. Admin. Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Tex. Admin. Code § 20.282.

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

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

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

D. Vendor must submit a complete HSP meeting the good faith effort and supported by the required forms with the response. Bidder’s response will considered non-responsive if the agency forms are not completed in full or are missing from Bidder’s original response.

E. Vendor must provide notice to all subcontractors of their selection as a subcontractor for this Contract. The notice will specify, at a minimum, DPS’s name, the name of the Contract Administrator, this Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of this Contract’s total value that the subcontract represents. A copy of the notice will be provided to the HUB Office no later than ten business days after the effective date of this Contract.

F. Contractor must submit to the HUB Office on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report (PAR).

C.12 INSURANCE REQUIRED UNDER THIS CONTRACT

Unless otherwise specified in this Contract, DPS’s Standard Terms and Conditions or any other exhibit or attachment Contractor will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure this Contract’s proper performance and cover any potential liabilities with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the

Page 20 of 34 Version 1.1, Template Approved 10/31/2022 industry or as determined by DPS. Contractor will provide evidence of insurance upon request by DPS.

If any policy is determined by DPS to be deficient and does not comply with the terms of this Contract, Contractor will secure such additional coverage as required by DPS, law, regulation, or customary practice. If coverage expires during the term of this Contract, Contractor must produce renewal certificates for each type of coverage.

C.13 SERVICE CALL RESPONSE TIME

Response time will vary dependent upon the complexity and/or location of the service. After receiving a call for service, Contractor must have a technician on-site within the specified time requirements for the following types of service calls:

a) SERVICE CALLS DURING REGULAR WORK HOURS (8:00 A.M. CT to 5:00 P.M. CT):

Within 24 hour(s) of notification.

b) SERVICE CALLS OUTSIDE REGULAR HOURS: Within 24 hours of notification.

c) EMERGENCY SERVICE CALLS DURING REGULAR WORK HOUR (8:00 A.M. CT to 5:00

P.M. CT): Response time to emergency call-backs during regular business hours will be within 8 hours. DPS will identify emergency calls at time of notification.

d) EMERGENCY SERVICE CALLS OUTSIDE REGULAR HOURS: Within 8 hours of notification. An emergency call will be identified as any conditions that can potentially impact the health, safety and welfare of DPS’ employees and the public.

DPS will identify emergency calls at time of notification.

C.14 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel must submit to a fingerprint-based Criminal History Background Investigation, if required by DPS at Contractor’s expense. To facilitate this Criminal History Background Investigation, each person must complete DPS’s Contractor Background Information form (HR-22), which DPS will provide.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed DPS’s fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a DPS security clearance to work on the Contract. DPS has the right to prevent Contractor’s personnel from gaining access to DPS’s building(s) and computer systems if DPS determines that such personnel do not pass the background check or fail to otherwise maintain DPS security clearance.

C. When required, Contractor’s Project Manager will provide the following to DPS’s Contract Monitor within ten days of executing the Contract:

1. the completed Contractor Background Information form (HR-22) for all proposed personnel; and

2. acceptable fingerprints for all proposed personnel.

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D. Throughout the term of the Contract, DPS may require Contractor personnel to submit to an annual DPS fingerprint-based Criminal History Background Investigation to DPS.

E. Throughout the term of the Contract, Contractor will promptly notify DPS of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

C.15 GENERAL CONFIDENTIALITY REQUIREMENTS

A. All information provided by DPS to Contractor, created by Contractor, or overheard, seen, or otherwise obtained by Contractor in performing the obligations under the Contract is confidential and may not be used by Contractor or disclosed to any person or entity, unless such use or disclosure is required for Contractor to perform work under the Contract. The requirements in this section also apply to subcontractors. The obligations of this section do not apply to information that Contractor can demonstrate:

1. Is publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Contractor;

2. Contractor discovered, learned, or created independently by Contractor or by a rightfully possessing and disclosing third party or by any other legitimate means;

3. Is required to be disclosed by law or final order of a court of competent jurisdiction or regulatory authority, but Contractor must furnish prompt written notice of such required disclosure and will reasonably cooperate with DPS at DPS’s cost and expense, in any effort made by DPS to seek a protection order or other appropriate protection of its confidential information.

B. Contractor must notify DPS in writing of any unauthorized release of confidential information within four hours of when Contractor knows or should have known of such unauthorized release.

C. Contractor must notify affected parties in writing of any unauthorized release of confidential information within two business days of when Contractor knows or should have known of any unauthorized release of confidential information obtained from affected parties.

D. Contractor must maintain all confidential information in confidence during the term of the Contract and after the expiration or earlier termination of the Contract.

E. If Contractor has any questions or doubts as to whether particular material or information is confidential information, Contractor must obtain the prior written approval of DPS prior to using, disclosing, or releasing such information.

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F. Contractor acknowledges that DPS’s confidential information is unique and valuable, and that DPS may have no adequate remedy at law if Contractor does not comply with its confidentiality obligations under the Contract. Therefore, DPS will have the right, in addition to any other rights it may have, to seek in any Travis County court of competent jurisdiction temporary, preliminary, and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce any confidentiality obligations of Contractor if Contractor fails to perform any of its confidentiality obligations under the Contract.

G. Contractor must immediately return to DPS all confidential information when the Contract terminates, at such earlier time as when the confidential information is no longer required for the performance of the Contract or when DPS requests that such confidential information be returned.

H. Information, documentation, and other material in connection with the Contract, including Contractor’s response, may be subject to public disclosure under the Tex.

Gov’t Code Chapter 552.

I. The FBI and DPS have computer security requirements. Contractor’s and subcontractor’s employees working on this assignment must sign and submit appropriate agreements and abide by these security requirements, within five days of DPS’s request.

C.16 PERSONAL INFORMATION

To the extent this subsection does not conflict with the section entitled “General Confidentiality Requirements,” Contractor must comply with both sections.