ESBD_415185_1746567759234_Electronic Financial Subscription Services RFP 451-25-003 - v4 clean 5-1-25.pdf

REQUEST FOR PROPOSALS TO PROVIDE

ELECTRONIC FINANCIAL SUBSCRIPTION SERVICES

Texas Department of Banking 2601 North Lamar

Austin, Texas 78705

RFP 451-25-003

Proposal Due Date: May 30, 2025 Proposal Due Time: 3:00 pm (Central Time in Austin, Texas)

Posting Date: May 6, 2025

Pursuant to the Provisions of the Texas Government Code Title 10 Subtitle D §§ 2156.121 – 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, names, prices, and other proposal details may only be divulged after award of a contract, if a contract is awarded. The award notice will be posted to the electronic state business daily (“ESBD”) at https://www.txsmartbuy.gov/esbd.

Pursuant to § 2155.131 of the Texas Government Code and 34 TAC § 20.82, the Texas Department of Banking (“Department”) has been delegated requisite authority to conduct this Request for Proposal (RFP) and to award a contract for the purposes stated herein.

All proposals shall become the property of the Department.

All addenda to or clarification of this solicitation shall be posted on the ESBD.

Contractor understands and agrees that no public disclosures or news releases pertaining to this RFP, negotiations, subsequent award, or any results or findings based on information provided or obtained to fulfill requirements of this RFP shall be made without prior written approval of the Department as defined below.

https://www.txsmartbuy.gov/esbd

Table of Contents

SECTION I – INTRODUCTION AND PURPOSE

1.1 SCOPE. 3

1.2 BACKGROUND. 3

1.3 CONTRACT TERM. 3

1.4 COMPENSATION. 3

1.5 MODIFICATIONS AND AWARD. 3

1.6 REQUIREMENTS. 4

SECTION II – STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS. 5

2.2 SUBCONTRACTORS. 5

2.3 INSURANCE REQUIREMENTS. 6

2.4 HISTORICALLY UNDERUTILIZED BUSINESSES. 6

SECTION III - GENERAL INSTRUCTIONS AND INFORMATION

3.1 PROPOSAL SUBMISSION, DATE, AND TIME. 7

3.2 SCHEDULE OF EVENTS/CRITICAL DATES. 7

3.3 POINT OF CONTACT FOR QUESTIONS AND OTHER INQUIRIES. 8

3.4 IRREVOCABILITY OF THE PROPOSAL. 8

3.5 STANDARD PROPOSAL REQUIREMENTS. 8

3.6 SIGNATURE OF RESPONDENT. 8

3.7 STATE NOT RESPONSIBLE FOR COSTS OF SUBMITTING THE PROPOSAL. 8

3.8 DISCLOSURE OF PROPOSAL CONTENT. 9

3.9 CONFLICT OF INTEREST. 9

SECTION IV – PROPOSAL FORMAT AND CONTENT

4.1 PROPOSAL FORMAT. 10

4.2 PROPOSAL CONTENT. 10

SECTION V - EVALUATION OF PROPOSALS

5.1 COMPETITIVE SEALED PROPOSALS. 13

5.2 REVIEW OF PROPOSALS. 13

5.3 EVALUATION CRITERIA. 13

5.4 EVALUATION OF PROPOSALS. 14

5.5 DISCUSSIONS WITH RESPONDENT. 14

5.6 BASIS OF AWARD. 14

5.7 SELECTION OF CONTRACTOR(S). 14

SECTION VI - CONTRACTUAL REQUIREMENTS

6.1 CONTRACTOR’S PROPOSAL. 15

6.2 PAYMENT. 15

6.3 REMEDIES. 15

SECTION VII - SUBMISSION CHECKLIST 16

ATTACHMENT A - EXECUTION OF PROPOSAL 17

ATTACHMENT B - TEXAS DEPARTMENT OF BANKING TERMS AND CONDITIONS 20

ATTACHMENT C - ORGANIZATIONAL CHART 34

REQUEST FOR PROPOSALS TO PROVIDE

SECTION I – INTRODUCTION AND PURPOSE

1.1 SCOPE.

The Department seeks proposals from appropriate firms (“Respondents”) to provide electronic financial subscription services in accordance with the specifications contained in this Request for Proposal

(“RFP”).

1.2 BACKGROUND.

The Department is self-directed and semi-independent under Texas Finance Code Chapter 16. The Department has the authority to enter into contracts for administration of its affairs and attainment of its purposes under Texas Finance Code § 16.006.

The major functions and responsibilities of the Department are:

Chartering, licensing, or registering, regulation, supervision, and/or examination of:

• State-chartered commercial banks

• State-chartered trust companies

• Bank holding companies

• Interstate branches of state banks

• Foreign bank offices

• Perpetual care cemetery trust funds

• Prepaid funeral contract sellers

• Money services businesses

• Check verification entities

An organizational chart of the Department is in Attachment C of this RFP. Further information regarding the history and operation of the Department may be found at the official agency website.

1.3 CONTRACT TERM.

Original Term: The services requested shall be provided for a period of one year, beginning on the date of the last signature of all of the parties to the contract resulting from this RFP (“Contract”), unless terminated earlier by the terms of the contract. Such Contract will not be executed until after the acceptance of the Proposal, or a subsequent Best and Final Offer (“BAFO”), by the selected Respondent by an award letter from the Chief Financial Officer.

Option to Renew Contract: The Department reserves the right to renew any Contract resulting from this RFP, at its sole discretion, for up to three one-year renewal terms, at the Contract rate, or rates, as modified during the term of the Contract, to be evidenced in writing prior to the expiration date of the then current term.

1.4 COMPENSATION.

The Department will pay for services provided by the Contractor during the effective term and within the scope of the Contract. However, the Department will be relieved of any obligation to accept performance or to pay for services provided after the effective date of any termination or for services provided outside the scope of the Contract.

1.5 MODIFICATIONS AND AWARD.

The Department reserves the right to modify the RFP prior to the opening of the proposals. Any addenda or modifications made will be posted on the Electronic State Business Daily (“ESBD”) located at:

https://www.txsmartbuy.gov/esbd by the Department.

http://www.dob.texas.gov/

The Department reserves the right to request BAFOs, which are revisions of the originally submitted proposal(s) following a formal request for provisions of proposal(s) made to selected Respondents.

The Department reserves the right to award one or no Contracts under the terms of this RFP. The award may be made solely at the discretion of the Department. Any award resulting from this RFP will be posted on the ESBD.

If a Contract is awarded under this RFP, the Department will issue an internal purchase order referencing the RFP Number and the contract number, if any, as referenced on the Notice of Award.

The Contract will consist of the following documents, which shall be construed in the following order of precedence: (a) any Contract entered into between the parties as a result of this RFP, including any addenda, amendments, modifications, or attachments thereto; (b) the Notice of Award, if any; (c) this RFP, including Attachments; and (d) the successful Respondent’s proposal.

The Respondent whose proposal results in a contract with the Department, is referred to as the

Contractor in this RFP (“Contractor”).

1.6 REQUIREMENTS.

(1) The successful Respondent must be able to demonstrate that it can successfully provide the deliverables and services and meets the requirements of Section II – Statement of Work of the

RFP.

(2) Respondents must comply with all rules, regulations, and statutes regarding purchasing by the

State of Texas in addition to the requirements of this RFP.

(3) The Respondent agrees to the Department’s Contract Terms and Conditions. (Attachment B)

(4) Upon selection and award, contractor agrees to sign a non-disclosure agreement to protect against the release of confidential data and a data use agreement to protect against unauthorized use of data.

SECTION II - STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS.

Services shall include, but not be limited to, the requirements contained in this section and in this RFP.

Services set forth that contain the words "must" or "shall" are mandatory and must be performed as specified with no alteration, modification, or exception. Services set forth that contain the words "may" or "can" allow Respondents to offer alternatives to the way the services are performed.

Electronic Financial Subscription Services. The Respondent or Respondents selected shall provide S&P Capital IQ Pro Services, consisting of the S&P Capital IQ Platform which shall consist of in-depth data, proprietary news, and analytics on the banking industry, and allows data to be accessed via a web-based interface or an MS Excel Plug-in. The MS Excel Plug-in must allow for dynamic access to content sets available on the platform within MS Excel for the creation of custom formulas and rapid development of models. The platform should include access to a library of prebuilt models, reports, and charts. The platform must also include the following:

• Searching and screening for individual banks by criteria using dynamic searchable content sets (i.e., assets, loans, ratios, branches, deposit market share, etc.).

• Tracking interest rates on deposits, loans, and even rank bank by rates.

• Viewing mortgage origination information and market share by bank, state, and county, showing funded loans originated, the number and amount by county, and loan type.

• Retrieving detailed financial information on corporate bonds, mortgage-backed securities, and municipal bonds.

• Benchmarking banks against algorithm-generated or user-input peers on performance, capital adequacy, asset quality, and other financial or operational metrics.

• Accessing data-driven industry news and researching related to the banking industry.

• Assessing environmental footprints and conducting climate scenario analysis.

2.2 SUBCONTRACTORS.

Any planned or proposed use of a subcontractor by Respondent after Contract award must be clearly documented in the proposal. The selected Contractor shall perform the Contract with its own resources and those subcontractors identified in its proposal. If the Contractor plans, after Contract award, to subcontract all or a portion of the work to be performed to subcontractors not identified in its Proposal, Contractor must obtain the prior approval of the Department. The Contractor shall also transmit to the Department for review and prior approval a true copy of the subcontract it proposes to execute with a subcontractor.

The selected Contractor, in subcontracting for any performances specified in this RFP or Contract, expressly understands and acknowledges that the Department will not be liable, in any manner, to any subcontractors of Contractor, and any subcontractors providing services under the Contract must meet the same requirements and level of experience as required of Contractor. Neither this provision nor any subcontract under the Contract shall relieve the Contractor of its responsibility for ensuring the requested services are performed in full compliance with all terms of this RFP and Contract.

2.3 INSURANCE REQUIREMENTS.

The proposal must include proof of Standard Workers’ Compensation Insurance and Professional Liability

Insurance coverage, if applicable.

(1) Standard Workers’ Compensation Insurance with statutory limits covering all personnel who will provide services under this contract;

(2) Professional Liability Insurance with minimum limits of $500,000 per claim and $1,000,000 annual aggregate covering Contractor and all personnel who will provide services under this Contract for rendering or the failure to render professional services; and

(3) Respondent represents and warrants that all of the above coverages are with companies licensed in the state of Texas with “A” rating from A.M. Best, and authorized to provide the corresponding coverage. Respondent also represents and warrants that all policies contain endorsements prohibiting cancellation except upon at least 30 days prior written notice to TDOB. Respondent represents and warrants that it shall maintain the above insurance coverage during the term of the Contract, and shall provide TDOB with an executed copy of the policies immediately upon request.

2.4 HISTORICALLY UNDERUTILIZED BUSINESSES.

The Department has adopted the Policy on Utilization of Historically Underutilized Businesses (”HUBs”) and therefore promotes and encourages contracting and subcontracting opportunities in all state contracting. State agencies are required to make a good-faith effort to assist HUBs in receiving contract awards issued by the state. The term "historically underutilized business" is defined in Government Code, § 2161.001(2). See generally, Government Code Chapter 2161 and 34 Texas Administrative Code (“T.A.C.”) §§ 20.281 – 20.298. Respondent’s proposal should note if Respondent’s business is currently certified as historically underutilized by the Texas Comptroller’s Statewide Procurement Division. If Respondent is not a certified HUB, then its proposal should answer the following questions: (1) Is Respondent’s business minority or woman owned and operated? If so, which? If minority, what category?

(2) Is Respondent’s business owned and operated by a disabled veteran meeting the requirements of Government Code § 2161.001(3)(A)(vi) (“Disabled Veteran”)? (3) What percentage of ownership of Respondent’s business is minority or woman owned or owned by a Disabled Veteran?

Contractor will be required to report to the Department, monthly, the identity of each HUB to which Contractor awarded a subcontract, following prior notice to and approval by the Department of such subcontract, for the purchase of goods or services, and the dollar amount of HUB subcontracting participation in the Contract as provided in Texas Government Code § 2161.122(b) and 34 T.A.C.

§ 20.287(h).

SECTION III - GENERAL INSTRUCTIONS AND INFORMATION

To ensure consideration, all proposals must meet the following conditions. Failure to meet these conditions may result in disqualification of the proposal and the proposal will receive no further consideration. In its proposal if an exception exists, Respondent must: (a) identify any exception to the terms and conditions of this RFP, and (b) suggest alternative language for any such exception. The rejection of any term or condition of this RFP or the inclusion of any additional or alternative language may result in disqualification of Respondent’s proposal.

3.1 PROPOSAL SUBMISSION, DATE, AND TIME.

Proposals must be received no later than 3:00 P.M., Central Time (CST), on May 30, 2025. All times are CST and dates are subject to change.

Proposals may be modified or withdrawn at any time prior to the proposal due date. No changes will be allowed after the proposed due date, except for a best and final offer request.

The Department will not consider a proposal, or modification, or addenda to an original proposal, after the time and date for submitting proposals set out in Paragraph 3.2. The Department will not consider a late proposal for any reason. Any late responses received by the TXDOB will be returned to the Respondent at the Respondent’s expense if requested by the Respondent withing two (2) days of notice of the late proposal. Any late proposal not requested to be returned will be disposed of in a manner to keep such proposal confidential.

All submitted proposals become the property of the Department after the RFP submittal deadline date. The submitted proposals and accompanying documentation will not be returned.

By law, the Department may not disclose any information regarding a proposal until a contract is executed by all parties. Upon award, the Department will post the contract award notice to the ESBD. Additional copies of proposals not selected for award will be destroyed in accordance with the Department’s approved records retention policy.

3.2 SCHEDULE OF EVENTS/CRITICAL DATES.

Time is of the essence in making this award. To meet the target date for implementation, the Department will strictly adhere to the following time schedule for the procurement process. Respondent must be able to meet all requirements to accommodate the Department’s needs identified in this RFP. The schedule is as follows:

SCHEDULE OF EVENTS DATE

Publication of RFP in the ESBD at https://www.txsmartbuy.gov/esbd May 6 , 2025

Deadline for Submitting Questions to the Department, no later than 5:00 pm. (CST) May 13, 2025

Department’s Official Response to Questions (posted on the ESBD) May 20, 2025

PROPOSALS DUE: 3:00 pm (CST) May 30, 2025

Evaluation, Process, Oral Presentations (if needed), and/or Negotiations June 2 , 2025 – June 6, 2025

Selection of Contractor June 9, 2025

Estimated Contract Award Date June 10, 2025

Beginning Date of Contract June 10, 2025

Ending Date of Contract with Optional Three One Year Renewal Terms June 9 , 2026

The Department reserves the right to change the dates in the above schedule of events upon written notification to prospective Respondents through a posting of an addendum to the RFP on the ESBD.

It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a proposal. Respondent’s failure to check the ESBD periodically will in no way release the Respondent awarded a Contract from having to meet the requirements of addenda, including the payment of any additional costs to meet the requirements of such addenda.

No proposal may be withdrawn after opening time without Department’s approval.

3.3 POINT OF CONTACT FOR QUESTIONS AND OTHER INQUIRIES.

Respondents shall direct all inquiries and communications concerning this RFP, including requests for clarification and questions relating to correctly understanding the RFP, to the point of contact listed below in writing by email. Emails must contain the RFP# and Title in the subject line to be considered. The office hours for the point of contact are 8:30 A.M. to 5:00 P.M. (CST), Monday through Thursday. Any person wishing to ask questions or obtain clarifying information concerning this RFP shall contact:

Christopher Wood – Purchaser Christopher.Wood@dob.texas.gov

512-475-1364

All inquiries will result in written responses posted to the ESBD at: https://www.txsmartbuy.gov/esbd.

After award of a contract pursuant to this RFP, Contractor shall communicate with the Department’s purchaser above.

3.4 IRREVOCABILITY OF THE PROPOSAL.

The proposal is irrevocable for 100 calendar days following the deadline for submitting the proposal set out in Section 3.1. This period in which the proposal is irrevocable may be extended at the Department’s request with the Respondent’s written consent.

3.5 STANDARD PROPOSAL REQUIREMENTS.

Proposals that address only part of the requirements contained in this RFP may be considered non-responsive and may be rejected.

The Department reserves the right to reject all proposals and to negotiate portions thereof, including cost and budget.

The Department reserves the right to select the best proposal considering the desired outcomes.

3.6 SIGNATURE OF RESPONDENT.

Respondent must sign the proposal and the Execution of Proposal (Attachment A). The proposal will not be accepted without these signed documents. By signing, Respondent or Respondent’s legally authorized agent affirms that all statements within the proposal are true and correct. Discovery of any false statement in the proposal is a material breach and shall void the proposal or any resulting contract. Respondent shall also be removed from all vendor or bidder lists maintained and/or used by the Department.

3.7 STATE NOT RESPONSIBLE FOR COSTS OF SUBMITTING THE PROPOSAL.

The Department will not be liable for any costs incurred by Respondent in the preparation or submission of a proposal in response to this RFP and will not reimburse Respondent for any cost related to its proposal. Respondent must bear all expenses related to responding to this RFP and is responsible for any expense related to the preparation and submission of its proposal.

3.8 DISCLOSURE OF PROPOSAL CONTENT.

The Department will not consider any proposal that bears a copyright. Proposals will be subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. The proposal 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 Respondent to include proprietary or otherwise confidential information in its proposal or other submitted information, Respondent must clearly label the proprietary or confidential information. Merely making a blanket claim that an entire proposal is protected from disclosure because it contains confidential or proprietary information is not acceptable and will make the entire proposal subject to release under the PIA. To initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the proposal that are considered by Respondent to be proprietary or confidential must be clearly labeled. Any information which is not clearly identified as proprietary or confidential shall be deemed subject to disclosure pursuant to the PIA. Subject to the PIA, Respondents may protect trade and confidential information from public release.

3.9 CONFLICT OF INTEREST.

Respondent must disclose any existing or potential conflicts of interest and disclose all contractual or informal business arrangements, including fee arrangements and consulting agreements, between Respondent and the Department, Department staff, or any entity that is regulated by the Department.

Disclosure of all relationships with any other Texas state agencies is also required.

Respondent must follow all state and federal laws pertaining to ethics.

Respondent shall make full disclosure of any former employee o f the Department who is an agent, consultant, contractor, or employee of Respondent, or of the intent to employ or subcontract with such an individual.

If the circumstances certified by Respondent change, or additional information is obtained by Respondent after submission of its proposal, Respondent agrees to supplement its response under this provision and that Contractor is under a continuing duty to disclose any conflicts of interest throughout the term of any contract resulting from this RFP. Respondent shall submit updated information as soon as reasonably possible upon learning of any change to their affirmation contained in this RFP.

SECTION IV - PROPOSAL FORMAT AND CONTENT

4.1 PROPOSAL FORMAT.

Respondents shall submit one original of the proposal, along with three (3) copies of the proposal. The proposal must include all the documents requested in this RFP. Failure to meet this condition may result in disqualification of the proposal, and the Respondent shall receive no further consideration. Respondent shall prepare a proposal that clearly and concisely represents Respondent’s qualifications, experience, and capabilities, and cost of providing the services under this RFP. Proposal pages should be numbered and contain an organized, paginated table of contents corresponding to the section, paragraph, and pages of the proposal. See Section VII – SUBMISSION CHECKLIST.

Proposals must be submitted in hard copy format (one original and three copies) no later than 3:00 pm (CST), May 30, 2025.

Each proposal shall be placed in a separate envelope or package, clearly marked as a Request for

Proposal to Provide Electronic Financial Subscription Services RFP 451-25-003; and be submitted via U.S. Postal Service, Overnight/Express Mail, or hand delivery, addressed as follows:

Texas Department of Banking Attn: Christopher Wood, Purchaser 2601 North Lamar Boulevard Austin, Texas 78705-4294

All proposals shall be submitted no later than 3:00 pm (CST) on the date specified in the Schedule of Events/Critical Dates above in Paragraph 3.2. If submitted at or near the deadline, the Respondent should obtain a time-stamped or marked receipt from the Department. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice, or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

Email, telephone, and facsimile proposals will not be accepted.

Respondents are responsible for checking the ESBD for all modification or addenda to this RFP. Receipt of all addenda or modifications to this RFP should be acknowledged by returning a signed copy of each addendum with the submitted proposal.

For hand delivery, please note that the office hours are 8:30 am to 5:00 pm (CT), Monday through Friday.

4.2 PROPOSAL CONTENT.

Contents: Listed below is a summary of all information to be included in a proposal submitted in response to this RFP. The proposal must include this information and all other information requested or required under this RFP. The Department reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

(a) Respondent Information: Include the following information regarding the Respondent or responding business entity:

(1) formal name and all assumed names used by the Respondent or Respondent’s business entity;

(2) structure of business entity (i.e. partnership, corporation, etc.);

(3) state in which business entity was formed or incorporated;

(4) physical address and mailing address;

(5) principal place of business;

(6) whether, and to what extent, Respondent has established a physical presence in the State of Texas including relevant timeframes;

(7) whether Respondent is a Historically Underutilized Business under Government Code Chapter 2161, and the answers to the questions in Paragraph 2.4;

(8) Respondent’s Texas Identification Number, CMBL Vendor ID, or other taxpayer number assigned and used by the Texas State Comptroller

(9) the name, title, address, telephone number, facsimile number, and e-mail address of Respondent’s primary contact; and

(10) the name of the individual submitting the proposal, as well as the name of any partner, shareholder, or owner or other individual with at least 25% ownership of the business entity submitting the proposal, as required by Texas Family Code § 231.006.

(b) Qualifications/Competencies: Describe Respondent's qualifications and ability to deliver the deliverables and services required, including evidence of compliance with all the minimum requirements set out in Paragraph 1.6 and Section II. With this provide:

(1) A description of the size and scope of all operations, including number of Respondent’s employees and years in business.

(2) Respondent’s experience (within the last 36 months) in providing similar services with emphasis on state government and regulatory requirements, including the nature of the services performed, scope of services or activities, the organization for which the service was performed, and contact names, positions, and telephone numbers for each such organization and for the person at each such organization most knowledgeable about Respondent’s performance of services.

(3) Any other information Respondent believes is pertinent to this RFP (e.g., certificates, industry awards).

(c) List of Key Personnel: The Respondent should include the names, titles, qualifications, and experience of Respondent and any of Respondent’s personnel proposed to provide electronic financial subscription services under this RFP and Contract. The roles of the key individuals proposed to provide these services should be described as well.

(d) Compensation and Fees: Provide information regarding Respondent’s proposed fees to be charged by Respondent for the electronic financial subscription services.

Fees should be inclusive of all costs of providing the electronic financial subscription services under any Contract resulting from this RFP. The Department will not pay for any charges other than for services performed.

(e) Conflict of Interest Disclosure: The Respondent shall identify all relationships that might be a conflict of interest or cause an appearance of a conflict of interest. See Paragraph 3.9 and Attachment B for a description of conflicts of interest. Further, the Respondent must disclose any entity for which the Respondent currently performs services that is licensed, registered, or chartered by the Department.

(f) Proposed Services: The Proposal must provide evidence that the Respondent and Respondent’s proposed services will meet the requirements for electronic financial subscription services under Paragraph 2.1(a) and (b) and all other requirements of this RFP, and any other applicable statutes and rules.

(g) Availability and Adequacy of Resources: Respondent must provide assurance that resources are available and adequate as forth in Paragraph 1.6.

(h) Information Security Plan: Respondent must provide information regarding protection of confidential data received from the Department including identification, transfer, and storage.

SECTION V - EVALUATION OF PROPOSALS

5.1 COMPETITIVE SEALED PROPOSALS.

The Department may award contract(s) to selected Respondent(s) pursuant to Competitive Sealed Proposals, as authorized by Texas Government Code § 2156.121. As such, the Department will evaluate Respondent’s proposal on a variety of factors in addition to price. The Department is not authorized to conduct public proposal openings or tabulations prior to award of contract(s), pursuant to this RFP.

The Department reserves the right to award contract(s) without any negotiations and reserves the right to not make an award.

Respondent is strongly encouraged to provide its best price proposal because the Department makes absolutely no guarantee that there will be any opportunity to negotiate or provide alternative pricing at any point during the RFP process. The Department may limit the number of proposals in the competitive range to a number that will permit efficient competition among Respondents based on proposed pricing and evaluation of the criteria specified in the RFP. The Department may seek additional information and solicit best and final offers only from those Respondents the Department determines to be in the competitive range.

Discussions may be conducted with Respondents determined to be reasonably likely to be selected for award, for clarification of a proposal, to ensure full understanding of all terms and conditions of the proposal, and to ensure Respondent understands the requirements of any resulting contract.

In conducting these discussions, there shall be no disclosure of any information derived from proposals submitted by another Respondent.

5.2 REVIEW OF PROPOSALS.

Proposals will be opened by the Department at 2601 North Lamar Boulevard, Austin, Texas 78705-4294.

The Department will begin review of proposals as soon as it is practical after receipt. In the Department’s sole and absolute discretion, Respondent may be asked to provide an oral presentation of its proposal. If applicable, proposals will be rated again following oral presentations.

5.3 EVALUATION CRITERIA.

Proposals will be selected based on best value considerations to the state, including the ability of Respondent to carry out all the requirements contained in this RFP. Respondent who is in default or otherwise not in good standing under any other current or prior contract with the State of Texas or the Department at the time of selection will not be eligible for an award under this RFP. The Department will base its selection on, among other things, demonstrated competence, qualifications of the Respondent, past performance by Respondent, and proposed budget and cost. All state agencies report unsatisfactory vendor performance on contracts over $25,000 to the Texas Comptroller of Public Accounts. Agencies also report satisfactory and exceptional vendor performance to assist the agency and the state in determining best value. In accordance with Texas Government Code §§ 2155.074 and §2155.075, vendor performance may be used as a factor in contract awards. A Respondent with a vendor performance grade of a “C” or lower is automatically disqualified.

Criteria upon which the Department will evaluate Respondent’s proposal include, but are not limited to, Respondent’s pricing, processes, products, and services. Proposals will be evaluated and scored in accordance with the criteria set forth below.

Following are the evaluation criteria and the total number of possible points for each category:

CATEGORIES POSSIBLE

POINTS

A Demonstrated experience, competence, qualifications, and capability to provide electronic financial subscription services as specified.

B Compliance with statement of work and proposal requirements. (Sections 2 and 4) 40

C Cost. 40

Total 100

An award will be made to Respondent that meets all criteria required by the Department and which the Department determines, in its sole and absolute discretion, represents best value for the state, based on the factors and evaluation criteria identified in this Paragraph.

5.4 EVALUATION OF PROPOSALS.

Submission of a proposal indicates Respondent’s acceptance of the evaluation process set forth in this RFP and Respondent’s acknowledgement that subjective judgments may be made by the Department in the evaluation process.

5.5 DISCUSSIONS WITH RESPONDENT.

The Department may conduct discussions with any Respondent that appears to be eligible for award, pursuant to the selection criteria set forth in this RFP. In conducting the discussions, the Department will not disclose information derived from proposals submitted by competing Respondents.

5.6 BASIS OF AWARD.

The Department will make an award, if any, based on best value considerations to the state, including demonstrated competence, experience, knowledge and qualifications, as well as the proposed fee for all or each portion of the deliverables, goods, services, or work requested under this RFP, as determined by the Department, in its sole and absolute discretion. By this RFP, however, the Department has not committed to making an award or retaining a Contractor nor does the suggested scope of service or terms of agreement below require that the Department make an award or retain a Contractor for any or all of the purposes set out in this RFP. The Department reserves the right to make decisions after receipt of proposals and the Department’s decision on these matters is final.

5.7 SELECTION OF CONTRACTOR(S).

The Contractor selected for award will be the Respondent whose proposal, as determined by the Department, represents the best value to the state. The Department reserves the right to reject any or all proposals or any portion of any proposal which, in the Department’s sole and absolute discretion, is not in its best interest. The Department reserves the right to negotiate individual elements of any proposal. The Department reserves the right to meet with and negotiate terms with one or more Respondents. All Respondents acknowledge that the Department is not bound to accept the lowest-priced proposal.

SECTION VI - CONTRACTUAL REQUIREMENTS

6.1 CONTRACTOR’S PROPOSAL.

The selected proposal will be incorporated into a Contract prepared by the Department for signature by the parties.

6.2 PAYMENT.

All payments are made in accordance with Texas Government Code §2251.381 et seq. Unless otherwise agreed to in writing by the Department, and authorized by state law, payment is only by reimbursement upon satisfactory performance of services.

Contractor agrees that if the Texas Comptroller of Public Accounts is prohibited from issuing a warrant to Contractor under Section 403.055 of the Texas Government Code prohibiting payments to debtors or delinquents, any payments owed to Contractor under any contract resulting from this RFP will be applied towards the debt or delinquency owed to the State of Texas until the debt or delinquency is paid in full.

6.3 REMEDIES.

To ensure full performance of the Contract and compliance with applicable law or to redress wrongs, the Department may take actions including but not limited to:

• Suspending all or part of the Contract;

• Requiring the Contractor to take specific corrective actions to remain in compliance with the terms of the Contract;

• Requiring a corrective action plan;

• Recouping payments made to the Contractor found in error;

• Suspending, limiting or placing conditions on the continued performance of the Contractor;

• Terminating the contract;

• Withholding payment;

• Pursuing actual damages;

• Pursuing liquidated damages; and

• Seeking an injunction or other legal action.

SECTION VII - SUBMISSION CHECKLIST

This checklist is provided for Respondent’s convenience only and identifies documents that must be submitted with a proposal to be considered responsive. Any proposals received without these requisite documents may be deemed non-responsive and may not be considered for contract award.

1. The original proposal and three (3) copies

2. Signed Original Attachment A, Execution of Proposal

3. Respondent Information (see Paragraph 4.2)

4. Respondent’s Qualifications/Competencies (see Paragraph 4.2)

5. Respondent’s List of Key Personnel, including any subcontractors that would be used (see Paragraph 4.2 and 2.2)

6. Compensation and Fees (see Paragraphs 1.4 and 4.2)

7. Conflict of Interest Disclosures (see Paragraph 3.9 and 4.2)

8. Proposed Services (see Paragraph 4.2)

9. Respondent’s Availability and Adequacy of Staff Resources (see Paragraphs 1.6 and 4.2)

10. Information Security Plan (see Paragraphs 1.6 and 4.2)

11. HUB responses (see Paragraph 2.4)

12. Signed copies of any Addenda to the Solicitation (see Paragraph 4.1)

13. Identification of any exceptions (see Section III Introduction)

14. Insurance Coverage Information (see Paragraph 2.3)

ATTACHMENT A - REQUEST FOR PROPOSAL TO PROVIDE

EXECUTION OF PROPOSAL

RFP Number 451-25-003

NOTE: THIS ATTACHMENT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS

THAT DO NOT INCLUDE THIS ATTACHMENT WILL BE DISQUALIFIED. THE PROPOSAL SHALL BE VOID, IF FALSE STATEMENTS ARE CONTAINED IN THIS ATTACHMENT.

By signature hereon, Respondent certifies that:

All statements and information prepared and submitted in the Proposal responding to this RFP are current, complete, and accurate.

Respondent has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service, to a public servant in connection with the submitted Proposal.

Neither Respondent nor the firm, corporation, partnership, or institution, represented by Respondent or anyone acting for such firm, corporation, or institution, has (1) violated the antitrust laws of the State of Texas under Texas Business & Commerce Code Chapter 15, or the federal antitrust laws, 15 U.S.C. § 1 et. Seq.; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in such line of business.

When a Texas business address is shown hereon that address is, in fact, the legal business address of Respondent and Respondent qualifies as a Texas Resident Bidder under Texas Government Code § 2252.001.

Under Texas Government Code § 2155.004, no person who prepared the specifications or this RFP has any financial interest in Respondent’s Proposal. Neither Respondent nor any person or entity that will participate financially in this Contract has received compensation from the Texas Department of Banking (Department) or any agency of the State of Texas for participation in preparation of specifications for this RFP. Furthermore, under § 2155.004, Respondent certifies that the business entity named in this Proposal is not ineligible to receive the specified Contract under this RFP and acknowledges that this Contract may be terminated, and payment withheld, if this certification is inaccurate.

Respondent certifies either that:

1. Respondent has not, and Respondent’s employees have not, been convicted of a felony criminal offense; or

2. If such a conviction has occurred, Respondent has fully disclosed the facts and circumstances surrounding the conviction in its Proposal.

Under Texas Family Code § 231.006, relating to child support obligations, Respondent and business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated, and payment withheld, if this certification is inaccurate.

Any Proposal submitted under this RFP shall contain the name and tax identification number of each person or entity holding at least a twenty-five percent (25%) ownership interest in the business entity submitting the Proposal.

Respondent agrees that any payments due under any Contract awarded pursuant to this RFP will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas. Respondent is not delinquent in the payment of any franchise taxes owed to the State of Texas.

Under Texas Government Code § 669.003, relating to contracting with an executive of a state agency, Respondent represents that no person who, in the past four years, served as an executive of the Department or any other state agency, was involved with or has any interest in this Proposal or any Contract resulting from this RFP. If Respondent employs or has used the services of a former executive head of the Department or other state agency, then Respondent shall provide the following information for the Proposal to be evaluated: name of former executive, name of state agency, date of separation from state agency, position with Respondent, and date of employment with Respondent.

Respondent certifies that Respondent’s partners and key employees for this engagement have not been employees of the Department within the last twelve (12) months.

The Department is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration’s Excluded Parties List System (EPLS), (https://www.sam.gov), which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.

Respondent certifies that: (1) the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity; (2) Respondent is in compliance with the State of Texas statutes and rules relating to procurement; and (3) Respondent is not listed on the federal government’s terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.

Under Texas Government Code § 2155.006(b), a state agency may not accept a proposal or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the proposal or award, has been: (1) convicted of violating a federal law, or (2) assessed a penalty in a federal civil or administrative enforcement action, in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Texas Utilities Code § 39.459, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Pursuant to Government Code § 2155.006, the Respondent certifies that the business entity named in this Proposal is not ineligible to receive the specified Contract and acknowledges that any Contract resulting from this RFP may be terminated and payment withheld, if this certification is inaccurate.

Pursuant to the Governor of the State of Texas Executive Order GA-48, Executive Order related to the hardening of state government, the Respondent certifies that Respondent, and any of its holding companies or subsidiaries, is not (1) listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); (2) listed in Section 1260H of the 2021 NDAA; (3) owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4; (4) or controlled by an governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4.

Respondent represents and warrants that the individual signing this Execution of Proposal is authorized to sign this document on behalf of Respondent and to bind Respondent under any contract resulting from this Proposal.

RESPONDENT (COMPANY): ____________________________________________________

SIGNATURE (INK): ____________________________________________________________

NAME (TYPED/PRINTED) ______________________________________________________

TITLE: _________________________________________DATE: _______________________

STREET: ____________________________________________________________________

https://www.sam.gov/ https://www.sam.gov/

CITY/STATE/ZIP: _____________________________________________________________

TELEPHONE NUMBER: ______________________________________________________

EMAIL ADDRESS: ____________________________________________________________

TEXAS IDENTIFICATION NUMBER (TIN): _________________________________________

Attachment B – Texas Department of Banking Terms and Conditions The following terms and conditions shall govern the conduct of TDOB and Contractor during the term of the Contract. The terms and conditions contained in this Attachment B are intended to be in addition to the provisions of the Contract, however, to the extent these terms and conditions conflict with any other provision of the Contract, this Attachment B shall control.

1. Definitions.

1.1 “Commissioner” means the Commissioner for the Texas Department of Banking.

1.2 “Contract” means the Request for Proposal into which these terms and conditions are incorporated or attached, including all exhibits and appendixes attached thereto.

1.3 “Contractor” means the respondent or respondents responding to the Contract.

1.4 “State” means the State of Texas.

1.5 “TDOB” means the Texas Department of Banking.

2. Contractor Obligations.

2.1 Buy Texas Affirmation. In accordance with §2155.4441, Government Code, Contractor agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

2.2 Change in Laws. Contractor shall comply with all laws, regulations, requirements, and guidelines applicable to a vendor providing services and products required by the Contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the Contract.

TDOB reserves the right, in its sole discretion, to unilaterally amend the Contract prior to award and throughout the term of the Contract to incorporate any modifications necessary for TDOB’s compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines.

2.3 Use of State Property. Contractor is prohibited from using state property for any purpose other than performing services authorized under the Contract. “State Property” includes, but is not limited to, TDOB’s office space, identification badges, TDOB information technology equipment and networks (e.g., laptops, portable printers, cell phones, iPads, external hard drives, data storage devices, any TDOB-issued software, and TDOB Virtual Private Network (VPN client)), and any other resources of TDOB. Contractor shall not remove State Property from the continental United States. In addition, Contractor may not use any computing device to access TDOB’s network or email while outside of the continental United States. Contractor shall not perform any maintenance services on State Property unless the Contract expressly authorizes such services. During the time that State Property is in the possession of Contractor, Contractor shall be responsible for (a) all repair and replacement charges incurred by TDOB that are associated with loss of State Property or damage beyond normal wear and tear; and (b) all charges attributable to Contractor’s use of state property that exceeds the Contract scope. Contractor shall fully reimburse such charges to TDOB within ten (10) calendar days of Contractor’s receipt of TDOB’s notice of amount due. Use of State Property for a purpose not authorized by Contract shall constitute breach of contract and may result in termination of the Contract and the pursuit of other remedies available to TDOB under Contract, at law, or in equity.

2.4 Secure Erasure of Hard Disk Capability. All equipment provided to TDOB by Contractor that is equipped with hard disk drives (i.e., computers, telephones, printers, fax machines, scanners, multifunction devices, etc.) shall have the capability to securely erase data written to the hard drive prior to final disposition of such equipment, either at the end of the equipment’s useful life or the end of the related services agreement for such equipment, in accordance with 1 TAC § Chapter 202.

2.5 Media Releases. Contractor shall not use TDOB’s name, logo, or other likeness in any press release, marketing material, or other announcement without TDOB’s prior written approval. TDOB does not endorse any vendor, commodity, or service.

Contractor is not authorized to make or participate in any media releases or public announcements pertaining to this procurement, the Contract or the services to which they relate without TDOB’s prior written consent, and then only in accordance with explicit written instructions from TDOB.

2.6 Discounts. Notwithstanding any other provision to the contrary, all the benefits, pricing and any hourly rates granted by Contractor to TDOB herein are at least as favorable as the benefits, pricing and hourly rates granted by Contractor to any previous client of Contractor for services and/or products similar to those provided hereunder.