ESBD_403797_1742493061648_25-0111_Archival Hosting and Support_FINAL.docx

Texas State Library and Archives Commission RFO # 306-25-0111

Archival Content Management System Hosting, Maintenance, and Support request for offer

RFO # 306-25-0111

Archival Content Management System Hosting, Maintenance, and Support NIGP Class/Items: 920-05, 920-39, 920-45

Schedule of Events

Solicitation Posted Date:

3/20/2025

Vendor Questions Due:

3/27/2025; 5:00 PM CT

Pre-Submittal Conference:

3/27/2025

Answers Posted to ESBD:

3/31/2025

Response Due Date:

4/8/2025; 2:00 PM CT

Expected Contract Award Date:

April/May 2025

Purchasing Department, Room # 309 1201 Brazos Street Austin, TX 78701

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

Table of Contents

Texas State Library and Archives Commission RFO # 306-25-0111

Archival Content Management System Hosting, Maintenance, and Support

Section I General Information Introduction The Texas State Library and Archives Commission (TSLAC) requires a qualified contractor to provide cloud-based hosting, maintenance, and support services for the archival content management system, ArchivesSpace. https://archivesspace.org/features The goal of procuring a third-party hosting service is to minimize interruptions to system access that have routinely occurred while hosting locally. This procurement will allow TSLAC to take advantage of the system’s newest features and support ARIS strategic plan goals for backlog appraisal and processing.

Services shall be provided to TSLAC in the Archives and Information Services (ARIS) Division at TSLAC Headquarters, 1201 Brazos Street, Austin, TX 78701.

Respondents will be expected to include details about their cloud-hosted service. Details of the security and company process must also be submitted for review and assessment in the Technical Proposal (Appendix D).

Background TSLAC Background:

As authorized by Texas Government Code Chapter 441, Subchapter L, the Texas State Library and Archives Commission (TSLAC) takes custody of and preserves archival state records, including digital archival state records. The Archives and Information Division of TSLAC preserves and documents Texas's shared heritage and culture by identifying, collecting, and making available to the public the official archival records of the Texas government.

Department of Information Resources (DIR) Data Center Services (DCS):

TSLAC is a designated agency that is required to use data center services (DCS) when available. These requirements are specified in Sections V of the solicitation. Respondents must review this information to have a clear understanding of the State’s DCS program public and private cloud. As a result, the Respondent may propose the appropriate technical solutions hosted in DCS. Section V of the solicitation should also provide the Respondent with the opportunity to better understand how the proposed application is expected to integrate with the DCS program vendors and services throughout the life of the contract.

Texas Risk and Authorization Management Program (TX-RAMP):

In the 87th Legislative Session, the Texas Legislature passed Senate Bill 475, requiring the establishment of a state risk and authorization management program. This program is known as TX-RAMP, and certification is required for certain cloud-computing services. Respondents must be TX-RAMP or FEDRAMP certified at the level appropriate for the data classified in this solicitation. For more information about this program or certification, visit the DIR website at: https://dir.texas.gov/texas-risk-and-authorization-management-program-tx-ramp TSLAC Purchasing Contact and Prohibited Communication Contact: All requests, questions, and other communications about this solicitation shall be made in writing through the e-Procurement portal or to TSLAC’s Purchasing Department, addressed to the following assigned Purchasing Team Member:

Texas State Library and Archives Commission Attn: Purchasing Department, Room #309 1201 Brazos Street Austin, TX 78701 Email: prodriguez@tsl.texas.gov Phone: 512/463-5487

Phone: 512/936-2774

Prohibited Communications: Upon posting of this solicitation, TSLAC, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondents or their representative(s), except for the written inquiries described in Section III, Subsection 4. Respondents or their representatives may not ask questions about the solicitation by phone or in person and any such attempts will not be recognized as valid inquiries. Failure to observe this restriction may disqualify any subsequent response to this solicitation. Respondent may rely only on written statements issued through or by TSLAC’s Purchasing Team. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

Solicitation Method and Intent The Request for Offer (RFO) solicitation allows qualified respondents to submit a written offer addressing the requirements of this solicitation, qualifications, experience, approach, and other factors that will be employed to ensure the successful fulfillment of the specified goods and/or services set forth herein. TSLAC will review, compare, and evaluate responses based on the criteria and weights identified in this solicitation.

It is TSLAC’s intent to identify one qualified vendor and award one contract(s) for the products and/or services included in this solicitation based on the response(s) that presents the best value and best meets the business needs of TSLAC.

TSLAC reserves the right to conduct a price analysis of the cost worksheet. Analysis will be conducted on required items within the cost worksheet.

TSLAC reserves the right to add or delete services from awarded contracts during the contract period without re-solicitation as new technologies emerge, or the business needs of TSLAC change. The additions or deletions will be mutually agreed upon with a written amendment to the contract.

Contract Term Initial Contract Term: The initial contract term shall commence upon contract execution or as otherwise indicated in the intent to award notice and continue through August 31, 2026, unless sooner terminated under the terms of this contract.

Contract Renewals: The contract may be renewed for an additional four (4) one-year periods, provided both parties agree in writing to do so, prior to the expiration date. Any renewals shall be at the same terms and conditions, plus any approved changes.

Contract Extensions: In the event that the contract(s), if any, resulting from the award of a solicitation 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, TSLAC may, with the written consent of the awarded Contractor(s), extend the contract for a period of time as may be necessary to permit TSLAC 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.

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 all the contract terms and conditions.

Amendments: The contract may be amended in writing by mutual consent of the parties. Unless the solicitation states otherwise, the resulting award of the contract does not guarantee volume or a commitment of funds.

Estimated Quantities Quantities specified herein are estimates only. TSLAC does not guarantee any minimum or maximum quantity of services or to allocate any specific dollar amount on any contract that may result from this solicitation. TSLAC reserves the right to increase or decrease quantities as needed for the same price. TSLAC will only pay for actual services provided within the contract term.

Varying Factors: The quantity of hours or units needed to fulfill service may vary from each year, making it difficult to predict future quantities.

Any quantities specified herein shall not be construed as a minimum or a maximum quantity that TSLAC may order.

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 written request will be sent to the Contractor to provide a quote for the proposed additional products/services.

Respondent shall submit offers to the TSLAC as instructed. All prices are subject to negotiation with the Best and Final Offer (BAFO). TSLAC 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 responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

Price Adjustments Extension Period Pricing: A price escalation may be allowed upon renewal provided the Contractor notifies the TSLAC Purchasing Department, in writing, a minimum of sixty (60) days prior to renewal. The price escalation shall correlate with the appropriate U.S. government published index. Baseline index shall be the index published 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.

Price Decreases: Price decreases will be allowed at any time. Contractor shall apply price decreases as soon as practicable following their determination. Any price reductions passed on to other customers shall be correspondingly offered at the same ratio to TSLAC. Contractor’s failure to promptly notify TSLAC of such industry-wide price decreases may constitute a breach of contract and the contract may be terminated. TSLAC reserves the right to award any terminated contract to the next lowest responsive Respondent or re-solicit, whichever is in TSLAC’s best interest.

Modification of Contract Terms and/or Amendments The terms and conditions of the contract shall govern all transactions under the Contract.

The Contract may only be modified or amended upon mutual written agreement of Texas State Library and Archives Commission’s Purchasing Department and the Contractor.

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

Definitions

Additional General Terms and Conditions These terms and conditions apply to the solicitation:

Computer Equipment Recycling Program – Respondent certifies its compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328, Subchapter I.

Terms and Conditions Attached to Response – Any terms and conditions attached to a Response will not be considered unless specifically referred and incorporated into the Response and accepted by TSLAC.

Texas Bidder Affirmation – Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

Vendor Representations - References to the “representations” of the Contractor include without limitation all representations, warranties, guarantees, certifications, and affirmations of the Contractor when submitting a response to this solicitation. By submitting a response, the Contractor makes all of the representations, including the TSLAC Terms and Conditions (Section IV) of this solicitation, and agrees that all representations are material, true, and correct. Respondent acknowledges that TSLAC relies upon Respondent’s representations when awarding a contract. The Contractor must promptly notify TSLAC if any representations are no longer true or correct. A contractor who does not promptly notify TSLAC is subject to remedies, including termination.

Respondents must also refer to Sections V of additional terms and conditions applicable to the agency’s Data Center Services.

Section II Statement of Work and Specifications

1. Statement of Work The Contractor shall provide the following products and/or services:

Cloud-based hosting services for ArchivesSpace application and TSLAC-owned data.

0.1.1. Implement the most current version of ArchivesSpace on the vendor’s hosting platform.

Provide uninterrupted access to all users and operability to the ArchivesSpace application.

0.1.2. Provide 24/7 monitoring of the servers and ArchivesSpace application.

0.1.3. Provide a minimum of 94% uptime of the services and the ArchivesSpace application for TSLAC.

Configuration of ArchivesSpace tools and features for optimal use by TSLAC.

0.1.4. Configure the application programming interface (API) for TSLAC access and utilization.

0.1.5. Configure Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH) to provide a low-barrier mechanism for repository interoperability. https://www.openarchives.org/pmh/ Install ArchivesSpace community-adopted plugins, such as:

0.1.6. Existing plugin: Next Accession https://github.com/duspeccoll/next_accession The LCNAF plugin has been incorporated into the source code of the most recent versions of ArchivesSpace. This application should continue to perform with this incorporated plug-in.

Data Migration into hosted ArchivesSpace application Maintenance and support of hosting platform and ArchivesSpace application.

0.1.7. Maintain the underlying operating system components and security patches as needed.

0.1.8. Obtain and maintain the necessary licenses to maintain the application and hosting platform, including but not limited to SSL certificate, ArchivesSpace licenses, etc.

0.1.9. Provide technical support to TSLAC when any issues arise (Refer to Section II, Subsection 3).

Provide disaster backup and recovery of the configured application, TSLAC-owned data, and the hosting platform.

OPTIONAL SERVICE: Integration with other online systems upon TSLAC request to facilitate enhanced public access to our archival holdings.

0.1.10. The current TSLAC digital preservation system, the Texas Digital Archive (TDA).

(A) The current product is Preservica (https://preservica.com/) per contract # 306-21-0190

(B) New digital preservation system may be procured upon contract expiration.

(C) Other digital archival or preservation products as requested PREFERENCE: The hosting service provider should be a Registered Service Provider (RSP) to ensure experience and familiarity with ArchivesSpace and its available features and functionalities. https://archivesspace.org/service-providers/registered-service-providers Authorized User(s)

0.1.11. Staff User

(A) Role will be assigned to TSLAC Staff.

(i) The Staff Administrator role allows for the creation of unlimited user accounts and the ability to apply various granular permissions to each created user role or account.

(ii) The Staff Standard role will be configured by the Staff Administrator, who will have permissions relevant to their work responsibilities.

(B) Select TSLAC staff will be provided with the Staff Administrator role.

(C) Estimated number of staff users is twenty-six (26).

0.1.12. Public User

(A) Role will be granted to patrons.

(B) This role facilitates access and discovery of materials made public by TSLAC.

(C) Estimated number of public users is unknown.

Data Classification The agency uses the Data Classification Template provided by the Department of Information Resources (DIR) to classify Program data and determine appropriate security controls. See https://dir.texas.gov/information-security/security-policy-and-planning/templates-guides-and-resources?id=139 for more information.

The classifications include:

· "Public" information that is freely available to the public

· "Sensitive" information which can be released but should be controlled to protect third parties

· "Confidential" information which is exempted from the Public Information Act

· "Regulated" information which is controlled by state and/or federal regulation or other third-party agreement Data that are not "Public" information must be encrypted at rest and during transit and access to such data must be password controlled. Respondents are required to submit information concerning security and privacy in the Appendix G of their response. Respondents submitting their response should detail other security measures undertaken routinely by such Respondent relative to non-Public information, such as intrusion detection software, locked doors in server rooms, employee background checks for employees handling non-Public information, any outside audits of security procedures, routine penetration testing with remedial correction follow-up if necessary, unauthorized-user monitoring procedures and protocols, prompt repair of inadequate systems, and notification procedures if a data security breach has occurred.

TSLAC classifies the following data typically collected by providers of online resources as follows:

Data Storage All staff/TSLAC and public/Authorized User data that is collected by the Contractor must be stored and maintained in the continental United States and must not be used for outreach or advertising purposes or any other purpose other than as specifically authorized under this solicitation and any resulting contract. TSLAC shall retain exclusive ownership of all staff/TSLAC and public/Authorized User data, and all derived data generated through monitoring of Authorized User’s use and/or through analysis and other processing of Authorized User data for reporting requirements, and as otherwise permitted under this solicitation and any resulting contract.

Data Breaches The Contractor must notify TSLAC of any breach of data no later than twenty-four (24) hours after Contractor’s discovery of the breach. In addition, if the breach affects 250 or more Texans, it must be reported to the Texas Attorney General using the Data Breach Submission form available at https://www.texasattorneygeneral.gov/consumer-protection/data-breach-reporting within 30 days of the discovery that a breach occurred.

Accessibility All application features and functions must be accessible to all users including those with a wide range of disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, and cognitive limitations. Accessibility requirements apply to the public interface, the administrative portal(s), and the training platform(s) of the proposed product(s). It is understood that the Contractor is not responsible for the accessibility of the content uploaded by TSLAC. TSLAC will be responsible for making those files accessible to the public.

TSLAC is required to follow rules for accessibility found in Texas Administrative Code, Title 1, Part 10, Chapter 206 and Chapter 213, and the U.S. General Services Administration Section 508 of the U.S. Rehabilitation Act.

TSLAC is required to collect and review Accessibility Conformance Reports (ACR) or Voluntary Product Accessibility Templates (VPAT) for each resource website or interface provided to Program participants. TSLAC strongly prefers that Respondents use the current VPAT® Section 508 template available from https://www.itic.org/policy/accessibility/vpat. The current version is 2.4. The current Section 508 standard is WCAG 2.1 compliance at the AA level. If the U.S. Access Board updates its standard by rule, TSLAC will require Contractors to comply with the most current Section 508 standard. Contractors may also, but are not required to, conform to other accessibility standards.

If any elements on the Respondent’s ACR or VPAT are marked as “does not support,” “partially supports,” or “supports with exceptions,” Respondent must also attach a product development roadmap showing how and when full compliance will be achieved. If full compliance is not included in a product development roadmap at the time the response is submitted or if full compliance cannot be achieved during proposed contract term due to the nature of the content contained in the resource, the Respondent must submit an explanation and describe an alternate means of access by which Authorized Users can access the content contained in the resource. TSLAC may, at its discretion, consider products that are not fully compliant, but the agency will be required to request an exception as described in Texas Administrative Code, Title 1, Part 10, Rule §213.17. See https://dir.texas.gov/resource-library-item/eir-accessibility-exception-request-template for more information.

ACRs or VPATs submitted to TSLAC may not be marked as confidential. TSLAC is required to provide ACRs or VPATs to participating institutions and to Authorized Users upon request.

Any significant changes to a platform or interface during either the evaluation period of this solicitation or during the contract term will require the vendor to submit an updated ACR or VPAT. TSLAC will also request updated ACRs or VPATs, including URLs, annually at time of renewal. Any issues with compliance must be accompanied by a product development roadmap.

TSLAC or its third-party contractors may test products for compliance with WCAG 2.0 compliance at the AA level using manual or automated testing methods. If testing results show a different level of compliance than described in Contractor’s ACR or VPAT, TSLAC may impose penalties or require Contractor to expeditiously remedy any lack of compliance.

Respondent will be asked to provide documentation showing that the hosted application was tested to meet Section 508 accessibility standards. TSLAC may later test the application and submit recommendations and requests to improve any features that lack accessibility features. (Appendix B).

1. Milestones Schedule Below is the list of required project milestones with the estimated timeline. Respondents must have the capability to work within estimated timeline or deadline provided below. Respondents may propose an alternative timeline or deadlines but must meet the competition date of the project.

Accessibility: Provide ACR or VPAT to contractmanagement@tsl.texas.gov for accessibility testing If improvements are required, TSLAC will send emails and ask if these changes will be implemented in the next roadmap No later than 30 calendar days after Go-Live

TSLAC reserves the right to alter dates as necessary to accomplish project objectives and performance requirements.

Application Support The Contractor is required to provide a minimum service level of customer and technical support for the offered service(s) as specified in this section. Respondents may offer a service level that exceeds the minimum requirements and must clearly define that service level agreement in their response. All costs of these support services must be all inclusive with the cost of the product.

Service Level Agreement. TSLAC requires the following minimum service levels for TSLAC:

Product access will be available 24/7/365 with greater than 94% uptime over a 12-month period.

Contractor will maintain an issue tracking system to enter customer support requests, track issues, and document response. Contractor will provide a report on any customer support requests, resource outages, and open issues at the quarterly contract review meetings with TSLAC and as requested.

1.1.1. General technical email support will be available seven (7) days a week to TSLAC. Requests for support must be acknowledged and assigned a tracking/case number within one (1) business day.

1.1.2. Contractor will implement needed upgrades only with a minimum of seven (7) days’ advance notice to TSLAC; thirty (30) days’ notice is preferred.

1.1.3. Contractor will provide a minimum of 24 hours’ notice to TSLAC when any critical security updates are to be implemented.

Service Notifications. TSLAC strongly prefers that Contractor provide the following minimum levels of support for reported application issues:

1.1.4. Severity Level 1: Defined as a system outage or an outage of a component of the system. The impairment critically affects the primary business service, major application, or mission critical system.

(A) Initial response and recognition of the issue is provided to the agency within one hour.

(B) The agency is provided with updates every hour.

(C) Resolution of Severity Level 1 Application issues within four (4) hours.

1.1.5. Severity Level 2: Defined as the business service, major application, or system is seriously affected or implementation stopped. No acceptable workaround is available.

(A) Initial response and recognition of the issue is provided to the agency within one hour.

(B) The agency is provided with updates every two (2) hours.

(C) Resolution of Severity Level 2 Application issues within eight (8) business hours.

1.1.6. Severity Level 3: The business service, major application, or system is moderately impacted, no data has been lost, and the business service, application, or system is still functioning. The issue may be temporarily circumvented using an available workaround.

(A) Initial acknowledgement of receipt of issue within 24 hours.

(B) Updates available to the agency once per week.

Customer and Technical Support

1.1.7. Support Contacts for TSLAC

TSLAC staff and contractors provide end-user customer and technical support. Support is available during regular business hours, Monday-Friday, excluding State holidays. To facilitate communication and mediation of support requests, TSLAC requires Contractor to provide a single point of contact for customer support and technical issues. TSLAC expects the Contractor to proactively communicate all changes to content and interfaces, updates, issues, outages, etc., to TSLAC immediately to ensure the highest level of statewide customer service.

Administrative Tools and Required Reports TSLAC requires reports for multiple uses as shown below. The Contractor should provide the following features and services to TSLAC and authorized users:

Administrative Interface. Respondent must describe any interface for the product that allows access to reports and administrative features. The Respondent must demonstrate how access to each administrative interface will be provided to TSLAC and authorized users.

Standard Reports. Respondent must describe the standard reports included in the product. Respondent should also describe if reports may be scheduled or run as needed.

Contractor Responsibilities The Contractor shall:

Schedule weekly progress reports until the project is completed; submit written report(s) to the assigned TSLAC Project Manager.

Agree to conduct all its services under the awarded contract by and through appropriate communication with TSLAC. No work, installation, or other services shall begin by Contractor except with the prior written authorization of TSLAC. Contractor understands and agrees that work installation, and other services performed without prior authorization of TSLAC is considered outside of the scope of the contract and shall be performed exclusively at the Contractor’s risk. The Contractor will not be compensated for unauthorized work or work outside of the scope of the contract.

Provide services in accordance with the requirements specified herein and the resulting contract(s) and adhere to the TSLAC General Terms and Conditions and any federal terms and conditions, if attached.

Shall provide labor, materials, and equipment necessary to meet the requirements of the specified services throughout the term of the contract.

Be responsible for all costs incurred in the performance of the contract.

Comply with all laws, ordinances, statutes, and regulations pertaining to the services required herein, and shall obtain such licenses and other authorizations as required.

Participate in lessons learned meeting to provide feedback to the agency during contract closure at no additional cost to the agency.

TSLAC Responsibilities TSLAC will:

Designate a TSLAC Project Manager and point of contact upon contract award; this individual will monitor the contract.

Not furnish materials, labor, equipment, or facilities unless otherwise specified in this solicitation or the resulting contract.

Qualifications and Experience Respondent shall meet the following minimum qualifications and experience to be eligible for consideration.

Minimum Qualifications Shall be in the business of providing configuration and hosting services with a minimum of two (2) years of experience providing and performing services similar in size and scope to the services specified within this solicitation; recent start-up businesses do not meet this requirement.

1.1.8. Respondent shall have available the necessary qualified personnel, skills, qualifications, organization and facilities, equipment, and supplies to fulfill the requirements under this solicitation and any resulting contract.

Respondent shall be in good financial standing. TSLAC reserves the right to request a copy of the Respondent’s audited or un-audited financial statements.

Note: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has a history of expertise.

Preferred Qualifications

1.1.9. Shall be in the business of providing configuration and hosting services as an ArchivesSpace Registered Service Provider (RSP) with a minimum of two (2) years of experience providing and performing services similar in size and scope to the services specified within this solicitation; Recent start-up businesses do not meet this requirement.

Must have experience with the ArchivesSpace application, configuring its available features, and supporting the application’s operability and sustainability.

Assigned Key Personnel Respondents shall provide the following key personnel:

1.1.10. Project Team Lead: The person responsible for ensuring all the TSLAC-requested configurations and plug-ins have been adequately completed per TSLAC’s specifications.

1.1.11. Account Manager: The person responsible for the billing and maintenance of TSLAC’s account and a primary point of contact for the agency.

1.1.12. Technical Support Specialist: The person responsible for leading the support team and providing reports or updates as needed.

Supporting Documentation: Respondent must complete the form (or reasonable facsimile) in Appendix B and provide resumes of each team member. Project references on the resumes should correspond with the references required in Section II, Subsection 7.7 below. Experience provided should be similar in scope the project in this solicitation. Note: Personnel may serve in multiple roles.

Company References Respondent must provide a minimum of three (3) references for projects completed within the last two (2) years and similar in scope. Respondent must complete form provided in Appendix B or provide a reasonable facsimile.

All requested information is required. Please do not use TSLAC staff as a reference.

Subcontractors Subcontractors providing services under an awarded Contract shall meet the same requirements and level of experience as required of the Contractor. No subcontract under the Contract shall relieve the Vendor of responsibilities for ensuring the requested services are provided. Vendors planning to subcontractor all or a portion of the work to be performed must identify the proposed subcontractors.

TSLAC prefers to select a primary Contractor to be responsible for contract performance and payment under this Contract, whether or not subcontractors are involved. If subcontractors will be used during the implementation of the project, the Contractor shall provide documentation in the Technical Proposal (Appendix D) that the subcontractor meets the same mandatory qualifications listed in this Section.

A subcontractor is defined as a person who contracts with a vendor to work, supply commodities, or contribute toward completing work for a governmental entity as defined in Texas Government Code 2251.001.

Historically Underutilized Business Subcontracting Plan (HSP) It is the policy of the TSLAC to promote and encourage contracting and subcontracting opportunities for the State of Texas HUBs in compliance with Texas Government Code §2161.252 and 34 Texas Administrative Code §20.14. Respondents that are classified as small businesses operating in Texas are encouraged to become HUB certified. More information about HUB certification is located here: https://comptroller.texas.gov/purchasing/vendor/hub/certification-process.php TSLAC has determined that the overall value of this procurement will not exceed $100,000. Therefore, the HSP is not required with the Response.

Contract Monitoring TSLAC will maintain an on-going review and status of the Contractor’s progress toward completion of services and will certify whether the Contractor’s invoices are reasonably comparable with the work completed. Payment(s) will not be made until all products and work have been reviewed and accepted by TSLAC.

Administration of the contract is a joint responsibility of the TSLAC Archives and Information Services (ARIS) Division and the TSLAC Purchasing Team. The TSLAC Purchasing Team is responsible for administering the contractual business relationship with the Contractor. Upon issuance of the contract, TSLAC will designate an individual who will serve as the project manager and point of contact between the agency and the Contractor. The project manager does not have any express or implied authority to vary the term of the contract, amend the contract in any way, or waive strict performance of the terms and conditions of the contract. This individual’s project management and contract administration responsibilities include, but are not limited to:

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

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

Meeting with the Contractor to schedule service.

Reviewing progress, discussing problems, and considering necessary action as needed throughout the term of the contract.

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

Submitting the Vendor Performance Report for contracts with an overall value of $25,000 or more to the CPA’s Vendor Performance Tracking System (VPTS). http://www.txsmartbuy.com/vpts Other areas identified in the State of Texas Procurement and Contract Management Guide, current edition.

Insurance Contractor shall procure and maintain the minimum insurance coverage during the entire period of their performance under this contract. Information concerning insurance coverage is provided in the General Terms and Conditions, Paragraphs 103 and 104. (Section IV) Policy must contain an additional insured endorsement: “The State of Texas, acting through Texas State Library and Archives Commission and its officers and employees, is listed as an additional insured and loss payee.”

Prior to the comments of services and not later than five (5) days following award, the Contractor shall furnish to TSLAC a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to the assigned TSLAC Purchasing contact, listed in Section I, Subsection 3.

Transition TSLAC will provide assistance as needed for the efficient and smooth transfer of all TSLAC property, including but not limited to: data, publications, technical documents, property, and other materials which TSLAC retains ownership rights related to work provided under a previous or current contract.

Beginning Contract Phase: Awarded Contractor shall, with permission of TSLAC, be responsible for contacting previous Contractor to request transfer of all TSLAC property. The transition of TSLAC’s property shall occur with an agreed upon time frame to assure the new Contractor can begin providing services as required by TSLAC.

Property of TSLAC: All production materials supplied to or developed by the Contractor as a result of this solicitation are the property of TSLAC and shall be returned promptly and in good condition at the written request of TSLAC. The Contractor shall be responsible for all damages during the period the materials are in the Contractor’s possession, including but not limited to, when at the Contractor’s facility or at any subcontractor’s location. If damaged or lost, the materials shall be replaced at no cost to TSLAC.

Return of Materials: Return all materials at the written request of TSLAC to TSLAC’s Headquarters in Austin, Texas, using a method of shipment selected by TSLAC and a tracking number.

Contract Closure: At the end of the contract term or if the contract is terminated by either party, the Contractor shall return all TSLAC property to TSLAC or transfer all TSLAC property (including data) to all TSLAC designed Contractor immediately upon TSLAC’s request, at the agreed upon service fee. Data will be provided in a format requested by TSLAC.

Invoice and Payment The following procedures apply to invoicing and payment. Payments will be processed per the Texas Prompt Payment Act and will exclude sales tax. More information is provided in the General Terms and Conditions (Section IV).

Contractor to submit invoices to:

Texas State Library and Archives Commission Attn: Accounts Payable PO Box 12516 Austin, Texas 78711 Phone: (512) 463-5471 or e-mail: AP@tsl.texas.gov Invoice must include:

1.1.13. Name of Contractor, Texas Identification Number, and correct “Remit to” address

1.1.14. Name of State Agency (Receiving entity)

1.1.15. Contract/Purchase Order Number

1.1.16. Description of services and service period

1.1.17. Quantity, Unit, Price; All prices should be extended on the invoice

1.1.18. Total price

1.1.19. Discount, if applicable, extended and deducted to arrive at the Net Total for invoice

1.1.20. Attach supporting documentation, if required

Billing Details The Contractor must be able to provide the following details on their invoice(s). Each service must be listed separately and clearly to ensure payment may be processed promptly. Failure to provide the requested level of detail on the invoice will result in delay of payment or non-payment.

1.1.21. Hosting services may be billed annually following the agency’s fiscal year beginning with September and ending in August. The invoice must include the description for hosting services and the service period billed. The initial term may be prorated to include more than 12 months.

1.1.22. Support will be billed on a quarterly basis. The invoice must include the description for support and the service period billed. See the quarterly schedule requested in Section II, Subsection 13.4.2. below.

Payment Schedule:

1.1.23. The Contractor will be paid as milestones are satisfactorily completed; an invoice will be submitted to TSLAC once a month.

1.1.24. The Contractor will invoice for any support services on a quarterly basis following the deployment and implementation services, unless otherwise negotiated. The initial year will be invoiced on a prorated period. 12-month renewal options will continue to be invoiced on a quarterly basis if executed. The quarterly payment schedule is provided below:

· September 1 – November 30

· December 1 – February 28/29

· March 1 – May 31

· June 1 – August 31 An annual payment schedule may be negotiated, provided that the Respondent provides a discount for annual payments or a justification for annual payments in their response.

If the Contractor completes additional configuration work without a written amendment to the contract, all work performed will be provided free of charge at the Contractor’s risk. TSLAC will not pay for unauthorized work, incomplete work, or work completed outside of the specified service period on the contract.

1.1.25. Training and additional configuration services are paid as delivered, unless otherwise negotiated; invoices will be submitted monthly.

1.1.26. 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 products and/or services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee per the Texas Prompt Payment Law.

1.1.27. Payments for services purchase with state appropriated funds will be made through state warrants issued by the Texas Comptroller of Public Accounts.