ESBD_407664_1743797525133_RFO 4497-MK Heritage Scanner.pdf

Texas General Land Office -i- RFO 4497-MK

TEXAS GENERAL LAND OFFICE

is

REQUESTING OFFERS

for a

A0 HD LED Scanner with Motorized A0 Book Cradle

REQUEST FOR OFFERS No. 4497-MK

Class 204 / Item 88, Class 206 / Item 84

Release Date: April 4, 2025 Deadline for Submission: May 1, 2025 at 2:00 p.m. CT

Solicitation Point of Contact: Mike Klepfer, CTCD, CTCM

Mike.Klepfer@GLO.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all bidders in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Mike.Klepfer@GLO.Texas.Gov http://www.txsmartbuy.com/esbd

Texas General Land Office -ii- RFO No. 4497-MK

Table of Contents

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

1.2 DEFINITIONS

1.3 AUTHORITY

ARTICLE II. SCOPE OF WORK

2.1 PROJECT BACKGROUND AND SCOPE

2.2 DELIVERY REQUIREMENTS

2.3 CONTRACT TERM

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 INQUIRIES

3.3 SOLICITATION RESPONSE COMPOSITION

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.2 SHORT LIST

4.3 DEMO PRESENTATIONS

4.4 BEST AND FINAL OFFER (BAFO)

4.5 CONTRACT AWARD

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

5.2 TECHNICAL PROPOSAL

5.3 PAST PROJECTS

5.5 LITIGATION HISTORY

5.6 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

5.7 CONFLICTS

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

ARTICLE VII. TERMS AND CONDITIONS

Texas General Land Office -iii- RFO No. 4497-MK

7.1 GENERAL CONDITIONS

7.3 PROTEST

7.4 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.5 VENDOR PERFORMANCE REPORTING

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE ......................... A-1

EXHIBIT B. PO TERMS AND CONDITIONS .................................................................... B-1

EXHIBIT C. COST PROPOSAL FORM ............................................................................... C-1

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office -1- RFO No. 4497-MK

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) is requesting offers from experienced, qualified Respondents to provide the most advanced equipment to scan a diverse range of documents, including but not limited to oversized, flat, and bound items; as well as textured and fragile archival materials to be scanned safely, with accuracy, and with minimal distortion.

The GLO seeks a large 51 x 35-inch flat table scanner with an A0 HD LED scanner and a motorized A0 book cradle that has the ability to capture digital images from a diverse collection of materials. A scanner is essential to the mission of the GLO’s Archives and Records department: to preserve, maintain, and make available the historical records of the General Land Office for future generations of Texans to view.

Responses must meet or exceed the specifications listed in Section 2.1 and provide the same or better performance to be considered for award. Respondents must submit detailed specifications for any substitutions from the listed specifications.

Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance and complete other items listed on the Submission Checklist to be considered. Additional information on the GLO and its programs can be found at http://www.glo.texas.gov.

1.2 DEFINITIONS

“A0” means the largest standard paper size in the ISO 216 series, measuring 841mm x 1189mm (approximately 33.1 x 46.8 inches).

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Request for Offers issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“API” means Application Programming Interface.

“BAFO” means Best and Final Offer.

“Customer(s)” means the GLO.

“DIR” means the Texas Department of Information Resources.

http://www.glo.texas.gov/

Texas General Land Office -2- RFO No. 4497-MK

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.com/esbd.

“FADGI” means the Federal Agencies Digital Guidelines Initiative.

“GLO” means the Texas General Land Office.

“Golden Thread Object Level Target” means to measure sampling rate (dpi), resolution, color, tone, noise, and channel misregistration.

“HUB” means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code §2161.252 and 34 Texas Administrative Code §20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a Good Faith Effort to subcontract with HUBs.

“ISO” means the International Organization for Standardization.

“IT” means Information Technology.

“ITS” means Information Technology Services, the GLO’s program area responsible for information technology management, operations, and strategic planning.

“Limb Capture” means digitization process that respects and values unique collections, image quality, and without compromising performance and guarantees scanner calibration.

“Metamorfoze” means national program for the preservation of paper heritage, a joint venture between the National Library of the Netherlands and the National Archives.

“Modular Transfer Function” or “MTF” means a parameter used to evaluate the performance of a lens. MTF provides a quantitative and standardized way to characterize optical systems, so the metric is used by optical designers and microscopists alike to compare lenses and determine the ideal one for an imaging system.

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

“Project” means the work solicited under this Solicitation.

“QA-62” means a specific slant edge target chart used for evaluating the spatial frequency response (SFR) and optical electro-chemical function (OECF) of digital imaging systems, particularly scanners.

“Respondent” means the entity responding to this Solicitation.

http://www.txsmartbuy.com/esbd

Texas General Land Office -3- RFO No. 4497-MK

“RFO” means this Request for Offers.

“Solicitation” means this RFO.

“Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in this Solicitation.

“State” means the State of Texas and any state agency; the GLO or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“TAC” means Texas Administrative Code.

“Vendor” means the Respondent(s) awarded a contract under this Solicitation.

1.3 AUTHORITY

The GLO is soliciting the item(s) described herein in accordance with Tex. Gov't Code

2157.006 and 1 Tex. Admin. Code 212.20. This procurement is made in accordance with the DIR blanket obtained by the GLO, waiver number WA-12-25-12914, case number 00100648.

Texas General Land Office -4- RFO No. 4497-MK

ARTICLE II. SCOPE OF WORK

2.1 PROJECT BACKGROUND AND SCOPE

2.1.1 Project Background

The GLO’s Archives and Records division maintains 37 million small format documents, numerous bound historical books, in addition to over 45,000 maps and sketches. The archival documents and maps in the holding of the Texas General Land Office date back as early as 1720 and are fragile and delicate, requiring considerable care when handling. Documents are added to the various collections daily.

2.1.2 Project Scope

New equipment only: No re-manufactured or "gray market" items. All items must be covered by the manufacturer's warranty. The unit shall be made ready for continuous operation upon delivery. Respondent is cautioned that any unit delivered to the FOB point that does not meet specifications in every aspect will not be accepted.

The scope of work for the Project includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, incidentals, and services necessary or required to build and deliver a scanner in accordance with the following specifications.

The GLO is seeking the highest quality level for image digitization, with stringent adherence to parameters like spatial resolution, tone reproduction, illumination uniformity, especially at the book gutter when items are not pressed against the glass, and color accuracy. A scanner with the ability to capture digital images from a diverse collection of materials is essential to the mission of the program area: to preserve, maintain, and make available the historical records of the General Land Office for future generations of Texans to view.

The image quality must be fully compliant with the Metamorfoze and FADIG 4-star (Federal Agencies Digital Guidelines Initiative) preservation imaging guidelines and rating standard and ensure the highest quality and accuracy in digital preservation, fidelity for the most demanding applications. FADGI 4-Star compliance signifies that the scanner meets rigorous federal standards for creating archival-quality digital images, ensuring color fidelity, sharpness, tonal accuracy, and minimal artifacts. Compliance with Metamorfoze and FADGI 4-star are critical in our operations.

The GLO handles sensitive archival materials that must be digitized with the highest fidelity for historical preservation and research including archival books, maps, drawings, art, photographs, and newspapers.

Texas General Land Office -5- RFO No. 4497-MK

2.1.3 Detailed Scanner Specifications

Respondent shall provide installation and training along with operator’s manuals, manufacturing specifications, and schematics in proposal submission.

Respondent must submit an example of a Golden Thread Object-Level target and full image analysis from the same model of equipment that is being offered with their response to show FADGI 4-star compliancy.

a) The scanner must be capable of handling and digitizing GLO’s diverse, fragile, large format, and bound and unbound items at a high optical resolution with precise image fidelity. Scanner must accommodate materials up to A0 size (35.7 x 51.2 inches).

b) Scanner must be fully compliant with the Federal Agencies Digital Guidelines Initiative (“FADGI”), 4-star rating standard.

c) The GLO prefers a scanner that limits the use of digital filters to enhance measured Modular Transfer Function, (MTF) on the edges of test targets such as QA-62 to achieve the MTF levels expected in image quality standards, ISO19264-1, FADGI and Metamorfoze without any real gain in image details.

The use of digital filters shall not create visible artifacts like digital noise on characters' edges or QA-62 test targets.

d) Scanner must have the ability to capture and generate 3D files (.obj) with textured applied.

e) The GLO prefers a scanner that scans in the longest length of the document (its width when opened) to eliminate or minimize optical aberrations, distortions and uneven sharpness on the edges of the images (which can be caused by the use of the distorting edges of the lens).

f) Scanner shall allow the user to adjust the left and right LED lights to show relief for textured items.

g) Scanner must have a variable scan head allowing the operator to adjust camera height and change the optical resolution. GLO scanning require the equipment to scan multiple true optical resolutions including but not limited to, 600 x 600 dpi, 800 x 800 dpi, and/or 1000 x 1000 dpi.

h) Scanner must have the option to use non-contact, scanning technology with cool LED lighting that provides consistent illumination across the full surface and eliminates shadows and reflections while delivering high-resolution scans, with no UV or IR emissions.

i) Scanner must have an adjustable scan head allowing true optical resolution adjustments by moving the camera on a vertical plane, avoiding reliance on software interpolation.

j) Scanner’s camera and lights must scan perpendicular to the surface, eliminating the distortion commonly seen in large-format scanners, ensuring precise and true-to-life image capture across oversized or uneven documents. This approach

Texas General Land Office -6- RFO No. 4497-MK is essential for safeguarding historical, oversized, and fragile documents with a gentle touch while maintaining image clarity and detail. Light disturbances should be extremely limited; operator should not receive any reflection from the light beam.

k) Scanner should be independent of the light environment to avoid the necessity for periodic automatic recalibrations which, due to possible slight disturbance or variation in the environment at the time of this recalibration, can generate variations in colorimetry, lighting uniformity or gray levels. The scanner must offer a lighting system that makes it very independent of the light environment and its calibration must remain stable and ensure an adjustment made at the start of the project can be kept throughout the project.

l) Scanner must integrate smoothly with the software and other scanners used in the GLO’s digitization department. Responses shall submit scanning equipment that is compatible and integrates seamlessly with i2s CopiBook OS A2. The GLO prefers a scanner that uses LIMB Capture.

m) Scanner must include a easily removable motorized glass plate and be capable of scanning with or without the glass plate in place to protect the items from being damaged during the digitization process, with a depth field of 5cm or better. Glass plate must include a sensor and be capable of adjusting pressure settings.

n) Scanner must be equipped with a self-balancing book cradle and be capable of easily converting to a flat table surface to scan a diverse range of documents, including oversized flat, bound or unbound items, A0 size or lager as well as textured and fragile archival materials.

o) Scanner must meet the GLO’s high-volume scanning requirements with significantly fast scanning speeds and cycle times without compromising FADGI compliancy, high resolution, image quality and clarity while maintaining document preservation.

p) Scanner shall allow operator to comfortably sit while scanning.

q) Scanner shall allow an operator to control machine operations with foot pedals, one to control the scan and the second to control the scan glass, allowing for efficient, high-volume scanning set up and continuation at a production pace.

r) Scanner must have anti-glare technology & demonstrate capability to scan items that have been produced on glossy material, are in Polyester mylar sleeves or have been laminated with the Barrow Lamination method.

2.2 DELIVERY REQUIREMENTS

Vendor shall ensure items are delivered to the location specified within the calendar days indicated by the Bidder on Exhibit A, Price Schedule, which can be no later than ninety

(90) calendar days from date of purchase order.

Texas General Land Office -7- RFO No. 4497-MK

2.3 CONTRACT TERM

The GLO intends to award one or more purchase orders for the goods requested under this Solicitation. The GLO, at its own discretion and subject to applicable limitations in the General Appropriations Act and other law, may extend any Contract awarded pursuant to this Solicitation, upon mutual written agreement of the parties and in accordance with the Contract.

Texas General Land Office -8- RFO No. 4497-MK

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation

April 4, 2025

Deadline for Submitting Questions April 18, 2025 at 5:00 p.m. CT

Anticipated Release Date of Answers to Questions

April 24, 2025

Deadline for Submission of Solicitation Responses

May 1, 2025 at 2:00 p.m. CT

Evaluation Period May 2, 2025 to May 16, 2025

Provider Selection and Notice of Award

May 20, 2025

NOTE: These dates represent a tentative schedule of events. The GLO reserve the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.com/esbd. Please search under Agency Code 305 (General Land Office). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name Mike Klepfer, CTCD, CTCM Address 1700 N. Congress Ave., Austin, Texas 78701 Email Mike.Klepfer@GLO.Texas.Gov http://www.txsmartbuy.com/sp mailto:Mike.Klepfer@GLO.Texas.Gov

Texas General Land Office -9- RFO No. 4497-MK

If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

Name: Sarah Bergmann, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Sarah.Bergmann@glo.texas.gov

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted:

a) Identifying Solicitation number

b) Section number

c) Text of passage being questioned

d) Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: http://www.txsmartbuy.com/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

mailto:Sarah.Bergmann@glo.texas.gov http://www.txsmartbuy.com/sp

Texas General Land Office -10- RFO No. 4497-MK

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™ URL in Section 3.4.3:

a) One Offer, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file titled “RFO-4497-MK_(Respondent name)_Part 1”.

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Any terms and conditions attached to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Solicitation Responses shall not exceed 25 pages in length. Exhibit A, signed acknowledgments of Addenda, past projects, and Exhibit C Cost Proposal Form are considered supporting documentation and are not included in the page limit.

The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ shall time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

Texas General Land Office -11- RFO No. 4497-MK

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: Offer.”

3.4.3 Delivery

Respondents must upload Solicitation Responses to the following Box™ URL:

Box Link: Upload Here

Or https://txglo.app.box.com/f/5e2a2d263d5e428d91c378a19d1641ec

The GLO shall not accept Solicitation Responses submitted by any other means.

Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses.

https://txglo.app.box.com/f/5e2a2d263d5e428d91c378a19d1641ec https://txglo.app.box.com/f/5e2a2d263d5e428d91c378a19d1641ec

Texas General Land Office -12- RFO No. 4497-MK

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with applicable sections of Title 10, Subtitle D of the Texas Government Code. The GLO shall not be obligated to accept the lowest priced proposal but shall make an award to the Respondent that provides the “Best Value” to the State of Texas. “Best Value” shall be determined using the evaluation criteria listed in Section 4.1.3 below, in accordance with applicable sections of Texas Government Code, Chapters 2155-2157.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must have been in the scanning, imaging and archiving as a manufacturer or distributor for a minimum of five years, or the principals/owners must have had ownership/executive management experience in a previous company that provided the same services for a minimum of five years; and

4.1.2.2 Respondent must have a demonstrated record of providing timely delivery.

4.1.3 Selection Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following best value criteria:

4.1.3.1 Cost Proposal, formatted in accordance with Section 6.1 of the

Solicitation (30%);

Texas General Land Office -13- RFO No. 4497-MK

4.1.3.2 Demonstrated A0 HD LED scanner with motorized book cradle specifications that match GLO Archives and Records needs along with scanner accessories requirements (40%);

4.1.3.3 Demonstrated ability to deliver the products and services described herein, relevant experience, qualifications and past performance of Respondent’s company, as demonstrated by the Solicitation Response, any returned references, and the Texas Comptroller of Public Accounts Vendor Performance Tracking System (25%); and

4.1.3.4 Overall responsiveness, clarity, and organization of Solicitation

Response (5%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

The GLO assembles an evaluation committee to evaluate each responsive Solicitation Response. Each evaluator completes one evaluation worksheet for each response. The evaluator evaluates each proposal individually against the requirements of the solicitation document, and not against other responses. The evaluator assigns the number of points he or she believes each Solicitation Response merits out of the possible points indicated on the evaluation worksheet for each selection criterion. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as: the appropriateness of the cost metric chosen by the Respondent; the impact of any identified assumptions or constraints on the proposed price; and whether the proposed price includes payment for goods and/or services that exceed the scope of GLO’s needs as specified in the Solicitation. Each evaluator scores Solicitation Responses independently and impartially. Scores are not divulged between committee members until after they have been finalized, submitted, and compiled by the purchaser. Members may ask questions of the purchaser, Agency legal counsel, and designated technical experts if they are unable to find information, do not understand information in a response, or require technical assistance.

The purchaser averages all evaluators’ total scores for each Respondent to determine Respondent rankings.

Texas General Land Office -14- RFO No. 4497-MK

4.2 SHORT LIST

The GLO may develop a short list of finalists after an initial evaluation of the Solicitation Responses. However, the GLO is not obligated to develop this list. If a list is developed, all Respondents will be notified in writing whether or not they are finalists.

4.3 DEMO PRESENTATIONS

The GLO may invite short listed finalists to provide demo presentations. All presentations will be conducted online via a virtual platform mutually agreed upon by the GLO and Respondent upon Respondent’s acceptance of the invitation.

Respondents will be provided with notice of any such presentations and are responsible for their own presentation equipment. Failure to participate in the requested presentation may eliminate a Respondent from further consideration. The GLO is not responsible for any costs incurred by the Respondent associated with the presentation.

4.4 BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive.

Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs.

In conducting discussions, the GLO shall not disclose any information derived from the Solicitation Responses submitted by competing Respondents.

The GLO evaluation committee shall score BAFO responses in a manner consistent with the scoring of original solicitation responses. The criteria to be re-evaluated following a BAFO shall depend on the type of clarification requested by the GLO from Respondent.

Scores for any of the applicable selection criteria included in the GLO’s request for BAFO shall be replaced by the BAFO scores.

4.5 CONTRACT AWARD

It is the intent of the GLO to award one purchase order under this Solicitation. An award notice will be sent to the selected Respondent. Any award is contingent upon the successful negotiation of final terms and upon approval of the Chief Clerk of the GLO. Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the GLO may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

Notwithstanding the above, if the selected Respondent is awarded a DIR contract prior to the final award selection for the services requested by this Solicitation, the GLO will cancel this Solicitation and will utilize the DIR contract.

Texas General Land Office -15- RFO No. 4497-MK

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

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ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths, competitive advantages. The narrative must include Respondent’s demonstrated record of providing timely delivery.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership.

Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (e.g. parent company, Affiliate, joint venture, subcontractor, etc.) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under the laws of which the company is organized and the date of organization;

c) The location of your company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, telephone number, and fax number of Respondent’s point of contact for any resulting contract under this Solicitation; and

Texas General Land Office -17- RFO No. 4497-MK

f) Indicate whether your company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.2 TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, its proposed scanner and equipment for achieving the objectives and requirements of this Solicitation.

Respondent should detail how their proposed scanner will meet the requirements listed in Article II, Scope of Work.

5.3 PAST PROJECTS

Respondent shall provide a minimum of three (3) non-GLO past projects for delivered A0 HD LED scanner(s) of similar type and size performed within the last five (5) years, preferably for state and/or local government entities.

Respondent must verify current contacts. Information provided shall include:

a) Client name;

b) Project description;

c) Total dollar amount of project;

d) Delivery schedule and any delays, if applicable;

e) Client project manager name, telephone number, and e-mail address.

5.5 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to comply with the terms of this provision may disqualify any Respondent. Solicitation Responses may be rejected based upon Respondent’s prior history with the state of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

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If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

5.6 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

The GLO is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. The GLO encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic and gender-neutral means. Pursuant to Texas Government Code §2161.181 and §2161.182, and the GLO’s HUB policy and rules, the GLO makes a good-faith effort to increase HUB participation in its contracts. The GLO does this by contracting directly with HUBs or indirectly through subcontracting.

It is the policy of the GLO to promote and encourage contracting and subcontracting opportunities for State of Texas certified Historically Underutilized Businesses (HUBs) in compliance with Texas Government Code, §2161.001-.253 and 34 TAC Rule §20.285.

Definitions for State of Texas HUB-certifiable businesses may be found under 34 TAC Rule §20.282. The GLO encourages eligible Respondents to become State of Texas certified HUBs. State of Texas HUB applications may be found at:

https://texashub.gob2g.com. An evaluation of potential subcontracting opportunities was conducted for this contract in accordance with Texas Government Code §2161.252, and it was determined that this contract does not contain any probable subcontracting opportunities. Therefore, GLO is not requiring a HUB Subcontracting Plan (HSP) to be submitted with responses to this Solicitation.

5.7 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Respondents must submit a Cost Proposal Form (CPF), located in Exhibit C, and return it with the other documents required of this Solicitation.

The Cost Proposal provided is for the products and/or services as specified in this Solicitation and shall include all labor, materials, tools, supplies, equipment, insurance, bonds, personnel, travel expenses, and all other costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this Solicitation and any resulting purchase order.

https://texashub.gob2g.com/

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ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

The GLO reserve the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.

7.1.2 Informalities

The GLO reserve the right to waive minor informalities and irregularities, as determined in the GLO’s sole discretion, in any Solicitation Response received.

7.1.3 Rejection

The GLO reserve the right to reject any or all Solicitation Responses received prior to contract award.

7.1.4 Irregularities

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective Addenda may be furnished to prospective Respondents via the ESBD.

7.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s).

No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO.

7.1.6 Open Records

The GLO is a government state agency subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO by the Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Solicitation Response or other submitted information, the Respondent must clearly label that proprietary or

Texas General Land Office -20- RFO No. 4497-MK confidential information and identify the specific exception to disclosure of that information in the PIA. Merely making a blanket claim that the entire Solicitation Response is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the state pursuant to this solicitation and any contract that may result from this solicitation, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Respondent shall make any information created or exchanged with the state/GLO, and not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state GLO.

Respondent shall make any information required under the PIA available to the GLO in Portable Document Format (PDF) or any other format agreed between the parties. The original copy of each Solicitation Response shall be retained in the official files of the Agency as a public record.

Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA.

To the extent that a Respondent wishes to prevent the disclosure of portions of its Solicitation Response to the public, Respondent shall demonstrate the applicability of any exception to disclosure provided under the PIA in accordance with the procedures prescribed by the PIA. Respondent may clearly label individual documents “confidential” or “trade secret” to demonstrate that it believes certain information is excepted from disclosure and may legally be withheld from the public. Respondent thereby agrees to indemnify and defend the GLO for honoring such a designation. The failure of Respondent to clearly label such documents shall constitute a complete waiver of any and all claims for damages caused by the GLO’s release of these records.

Pursuant to Texas Government Code Chapter 2261, any contract that results from this Solicitation, including selected Respondent’s Solicitation Response, shall be posted to the GLO’s website.

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7.1.7 Contract Responsibility

Respondent shall be solely responsible for the performance of all contractual obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

7.1.8 Public Disclosure

Respondent will not advertise that it is doing business with the GLO or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO. Furthermore, Respondent may not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO.

7.1.9 Remedies

All remedies available to the GLO for breach or anticipatory breach of any contract that results from this Solicitation are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Liquidated damages, actual damages, cost projections, and/or injunctive relief may also be invoked either separately or combined with any other remedy in accordance with applicable law.

7.3 PROTEST

Any Respondent unsuccessful or aggrieved in connection with this Solicitation may file a protest in accordance with Title 31, Section 3.50 of the Texas Administrative Code.

7.4 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.4.1 Terms and Conditions

Exhibit C, Texas General Land Office Terms and Conditions for Vendor-Supplied Contracts, is the standard contract form the GLO attaches to contracts originally drafted by a vendor and includes the terms and conditions to which Provider must substantially agree for the GLO to enter into a contract with Provider; please carefully review the terms and conditions therein. The terms and conditions in Exhibit C are subject to modification by the GLO prior to the execution of any contract that may result from this Solicitation. The GLO may, in its sole discretion, engage in good-faith negotiation of terms and conditions with Providers but has limited discretion to do so.

Each final contract must include terms and conditions that substantially conform to the terms and conditions shown in Exhibit C. Each final contract must also include all contract provisions required by applicable laws and regulations, which may include, without limitation, all contract provisions prescribed in Title 10, Subtitles

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D and F of the Texas Government Code and all contract provisions prescribed in the Texas Comptroller of Public Accounts’ “State of Texas Procurement and Contract Management Guide.” Substantial contract revision requests or unreasonably protracted contract negotiations may result in a termination of negotiations with Provider and rescission of a contract award.

7.4.2 Affirmations and Solicitation Acceptance

Execution of Exhibit A of this Solicitation, Affirmations and Solicitation Acceptance, shall constitute an agreement to all terms and conditions specified in this Solicitation, including, but not limited to, Exhibit C, Texas General Land Office Terms and Conditions for Vendor-Supplied Contracts, and all terms and conditions therein.

7.5 VENDOR PERFORMANCE REPORTING

The GLO is required by rule (34 TAC §20.509) to report vendor performance through the Vendor Performance Tracking System (VPTS). Additional information on this system can be found on the Texas Comptroller of Public Accounts website through this link:

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

As of January 24, 2017, the VPTS reporting methodology was revised so that vendors are assigned a letter grade (A-F) rather than the historic satisfactory/unsatisfactory ratings. The report grades for historic reports will be displayed as “Legacy Satisfactory” or “Legacy Unsatisfactory.” New reports will be graded on the A-F scale as now required by statute.

A Respondent’s past performance shall be measured in the VPTS by a letter grade that combines any historic ratings with ratings using the new letter grade system in the method described in 34 TAC §20.115.

The GLO is required to consider past performance when determining contract award as part of the “Best Value” standard, in compliance with applicable provisions of Texas Government Code §§2155.074, 2155.075 and 2156.125. The GLO may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, the GLO may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of the GLO, and any negative findings, as determined by the GLO, may result in non-award to the Respondent.

https://comptroller.texas.gov/purchasing/publications/procurement-contract.php https://comptroller.texas.gov/purchasing/publications/procurement-contract.php https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=182505&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=34&pt=1&ch=20&rl=115

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ARTICLE VIII. SUBMISSION CHECKLIST

This checklist is provided for Respondent’s convenience only and identifies documents that must be submitted with this Solicitation to be considered responsive. Any Solicitation Responses received without these requisite documents may be deemed nonresponsive and may not be considered for contract award.

A COMPLETE SOLICITATION PACKAGE SHALL INCLUDE:

1. Part 1 – Offer (one .pdf file)

PART 1 – OFFER

Please present documents in the following order:

1. Exhibit A, Affirmations and Solicitation Acceptance ___

• If Respondent is a Corporation or other legal entity, attach a corporate resolution or other appropriate official documentation, which states that the person signing this Solicitation Response is an authorized person that can legally bind the corporation or entity.

• Attach proof of registration with the Texas Secretary of State.

• Attach a copy of IRS Letter 147C, Verification of Employer Identification Number, or any IRS document listing both the EIN and entity name on IRS letterhead.

2. Signed Acknowledgments of Addenda (if applicable)

3. Submit Sample Golden Thread Object-Level Target (Section 2.1.3) ___

4. Summary of Minimum Qualifications (Section 4.1.2) ___

5. Respondent Information (Section 5.1)

6. Technical Proposal (Section 5.2) ___

7. Past Projects (Section 5.3)

8. Litigation History (if applicable) (Section 5.4) ___

9. Conflicts (if applicable) (Section 5.6) ___

10. Cost Proposal (Section 6.1/Exhibit C)

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EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE

Exhibit A General Affirmations and Solicitation Acceptance

Revised 9/24/2021 Page 1

GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE

Execution of this Exhibit A, constitutes an agreement to all terms and conditions in the Solicitation, including, without limitation, this Exhibit A. If Respondent fails to sign this Exhibit A or signs it with a false statement, Respondent’s Solicitation Response and any resulting contract(s) shall be void. Respondent agrees without exception to the following general affirmations and acknowledges that any contract resulting from this Solicitation may be terminated and payment withheld if any of the following affirmations or certifications are inaccurate:

1. Respondent represents and warrants that all statements and information prepared and submitted in its Solicitation

Response are current, complete, true, and accurate. Submitting a Solicitation Response with a false statement or making a material misrepresentation during the performance of a contract is a material breach of contract and may void the Solicitation Response and any resulting contract.

2. Pursuant to Section 2155.003 of the Texas…