ESBD_416600_1746561331223_RFO 802-25-54843_Kiosks SP.pdf

Texas Parks and Wildlife Department Purchasing and Contracting

4200 Smith School Road Austin, Texas 78744

REQUEST FOR OFFERS

802-25-54843

Blanket Contract(s) for Outdoor Kiosks for State Parks

NIGP Class/Items: 204-22

RFO Issue Date: May 6, 2025 Questions Due: May 20, 2025; 2:00 PM CT

Offer Due Date: June 3, 2025; 2:00 PM CT

Purchaser: Nicole Ernzen, CTCD, CTCM Purchasing.Bidbox@tpwd.texas.gov

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Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION AND BACKGROUND

2. SOLICITATION METHOD AND INTENT

3. CONTRACT TERM

4. QUALIFICATIONS AND EXPERIENCE

5. SCOPE OF WORK AND SPECIFICATIONS

6. CONTRACTOR REQUIREMENTS

7. TPWD RESPONSIBILITIES

8. PERFORMANCE MEASURES

9. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

10. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

11. PRICE ADJUSTMENTS

12. INSURANCE

13. SUBCONTRACTING

14. CONTRACT ADMINISTRATION

15. INVOICING AND PAYMENT

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

2. INQUIRIES

3. PROPOSAL CONTENT

4. PROPOSAL SUBMISSION

5. DELIVERY OF PROPOSALS

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6. EVALUATION AND AWARD

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – PRICE SHEET

EXHIBIT C – COMPANY PROFILE

EXHIBIT D – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT E – TECHNICAL PROPOSAL

EXHIBIT F – RESPONSE SUBMISSION CHECKLIST

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION AND BACKGROUND

Texas Parks and Wildlife Department (TPWD) has 89 state parks across the state of Texas that serve approximately 10 million visitors year-round to enjoy the beautiful land of Texas. TPWD has a reservation system in place that all business transactions are coordinated through. To better serve our customers, TPWD is seeking opportunities to provide outdoor kiosks for self-check-in processing. Currently there are six kiosks in operation as part of a pilot project at the following locations: Cedar Hill State Park, Lake Tawakoni State Park, Lake Casa Blanca International State Park, Enchanted Rock State Natural Area, Garner State Park, and Pedernales Fall State Park.

2. SOLICITATION METHOD AND INTENT

The Request for Offers (RFO) method allows respondents to submit a written proposal addressing kiosk design, pricing, qualifications, experience, approach and other factors that will be employed to ensure successful accomplishment of the requirements set forth herein. TPWD will review, compare and evaluate responses based on the criteria and weights identified in this PR and determine award based on best value.

TPWD is seeking proposals to establish a blanket contract for outdoor kiosks that integrate with the agency’s reservation system software for Texas State Parks in accordance with the following specifications and terms and conditions. TPWD anticipates the initial order will be for 14 outdoor kiosks, at time of award and future kiosk orders placed on an as needed basis as projects are identified and funds are available.

3. CONTRACT TERM

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

3.2. Renewal Option: Contract may be renewed for up to four (4) additional one (1) year periods, provided both parties agree in writing prior to contract expiration date. Any extensions shall be in accordance with the original terms and conditions plus any approved changes.

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

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

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

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

4. QUALIFICATIONS AND EXPERIENCE

4.1. Minimum Qualifications and Experience: Respondent (and awarded contractor), or Respondent’s

Subcontractors shall meet the following minimum qualifications:

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A. Shall be engaged in the business of manufacturing and installing outdoor payment kiosks for a minimum of five (5) years within the past five (5) years, and services similar in type and quantity to those listed herein.

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

C. Shall be in good financial standing. TPWD reserves the right to request a copy of the respondent’s audited or un-audited financial statement.

D. Please note that if the minimum qualifications are met by a Respondent’s Subcontractor, any change to the subcontractor throughout the term of the contract must be approved by TPWD.

4.2. Supporting Documentation: Respondent shall complete and submit Exhibit C – Company Profile, Exhibit D – Past Projects with Corresponding References with proposal for Respondent and any Subcontractors used to meet minimum qualifications. to provide documentation to support the above qualifications.

(Ref: Section II, Subsection 3.3.)

5. SCOPE OF WORK AND SPECIFICATIONS

Respondent shall submit a proposal that includes the design, maintenance and support of kiosk to meet the needs outlined herein, installation requirements and delivery schedule. Kiosks and supporting hardware and software must meet or exceed the following requirements.

5.1. Kiosk Design and Hardware Requirements.

A. Design:

1. Kiosk must be a standalone solution to support integration with cloud computing of Amazon web services (AWS) currently utilized by the Texas State Parks Reservation System operations.

2. Kiosk must be accessible for use from walk up or from vehicle. Location of installation and intended use of kiosks may vary between parks so design shall be suitable for either option.

3. Design must meet Americans with Disability (ADA) accessibility requirements to include, but not limited to digital touch screen, accessibility height as per state and federal standard, audio speaker options, and navigation pad

4. Kiosk shall be of appropriate design and material to withstand extreme Texas weather conditions to include, but not limited to the following:

i. Summer heat up 115 degrees Fahrenheit - Cold temperature goes down to 10 degrees Fahrenheit in winter

ii. Temperature controlled HVAC for extreme weather

iii. Thunderstorms, hurricanes, and flooding

iv. Rust-proof and humidity conditions to work near Texas Coastal weather

5. Design must include security measures to prevent tampering and allow the kiosk to be bolted down to concrete platform.

6. Provide an outdoor kiosk that allows visitors to place a call to park staff at Park Headquarters Building.

7. Support any selected and approved payment devices of State of Texas Department of Information Resources (DIR) vendor, both current and any future vendor(s).

8. Allow space and functionality for connecting the following paper roll dimensions and printer:

Paper size: 80 MM wide 200' long - 3" PAPER | 1" ID 1 1/4" OD

9. Allow space for future payment devices to be provided by TPWD.

i. Kiosks should NOT be precut for these devices as final dimensions are not confirmed.

ii. Awarded Contractor shall return to kiosk when device is determined and cut kiosk to accommodate device, at no additional cost to TPWD.

B. Hardware Requirements:

1. Kiosk shall include the following hardware:

i. Touchscreen

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ii. All-Weather Speakers (covered by IP-67 Moisture Barrier)

iii. Security cameras, alarms, or other monitoring systems to deter tampering.

iv. Microphone

v. ADA Navigation Pad

vi. Navigation Pad With Audio Jack

vii. Barcode Scanner to scan a digital pass or physical pass to apply a discount for day use or campsite reservations.

viii. Printer compatible to work with the existing reservation system

ix. Card Payment Device, (Provided by TPWD when available).

x. Uninterruptable Power Supply, one power outlet (110v) per kiosk, and GFI (Ground

Fault Interrupters) circuit.

xi. Cooling System

a. Operating Condition: 0°F to 130°F (-18°C to 54°C)

b. Relative Humidity: 10% to 90%

2. Provide wired and wireless network connectivity options - minimum connection speed of

5Mbps download/1Mbps upload and 50ms or less latency. The requirements are higher if multiple kiosks share a connection.

5.2. Security.

A. Physical Security

1. Enclosure

i. Design: Minimal access points, reinforced corners and edges, secure locking mechanisms (key locks, combination locks, or specialized locking bolts).

ii. Anchoring: Ability to bolt to concrete. Securely fastened to the floor, wall, or other stable surface to prevent movement or tipping. Consider using tamper-resistant bolts or anchors.

iii. Cable Management: Internal cable routing and organization to prevent external access and tampering. Use armored cables or conduit for added protection.

iv. Tamper-Evident Seals: Applied to all access points and critical components to provide visual indication of tampering.

2. Peripherals

i. Limited Access: Minimize the number of peripherals. Disable or physically block unused ports (USB, serial, etc.).

ii. Secure Mounting: Peripherals (printers, card readers, etc.) should be securely mounted to the kiosk enclosure to prevent removal or tampering.

iii. Cable Security: Use cable locks or secure mounting brackets to prevent cables from being easily disconnected.

B. Hardware Security

1. Computer/Embedded System

i. Operating System: Locked-down operating system (e.g., specialized kiosk OS, hardened general-purpose OS). Remove unnecessary services and applications.

ii. BIOS Security: Strong BIOS password, boot sequence locked, secure boot enabled.

Disable booting from external media (USB, DVD).

iii. Storage: Encrypted hard drive or SSD to protect sensitive data. Consider using a read-only file system for the OS partition.

iv. TPM (Trusted Platform Module): Utilize TPM for hardware-based encryption and secure key storage.

2. Network Interface

i. Provide wired and wireless network connectivity options - minimum connection speed of

5Mbps download/1Mbps upload and 50ms or less latency. The requirements are higher if multiple kiosks share a connection.

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a. Wired Connection: Secure network port (e.g., with a key lock). Use a short, shielded cable.

b. Wireless Connection (if needed): Disable if possible. If required, use WPA3 encryption, a separate VLAN, and strong passwords. Disable WPS.

ii. Firewall: Hardware or software firewall configured to restrict network traffic to only necessary ports and protocols.

3. Power Supply

i. Internal Power Supply: Located inside the secure enclosure.

ii. Surge Protection: Integrated surge protector to protect against power fluctuations.

C. Software Security

1. Kiosk Software: Specialized kiosk software to restrict user access to authorized applications and prevent access to the underlying operating system.

2. Application Whitelisting: Only allow approved applications to run.

3. Regular Updates: Keep the operating system, applications, and security software up to date with the latest patches.

4. Antivirus/Anti-malware: Install and regularly update antivirus and anti-malware software.

5. Remote Monitoring: Implement remote monitoring and management (RMM) tools to track kiosk status, security, and software updates.

6. Log Management: Collect and analyze logs to detect suspicious activity. A report of suspicious activity should be sent to TPWD IT Security Contact no less than quarterly.

D. Network Security: While network security is the responsibility of TPWD, Contractor shall ensure the kiosk is compatible with the following:

1. Secure Wireless Network (if applicable): WPA3 encryption, separate VLAN for kiosks, strong passwords, regular security audits.

2. Firewall: Network firewall to protect the kiosk network from unauthorized access.

3. Intrusion Detection/Prevention System (IDS/IPS): Monitor network traffic for malicious activity.

4. VPR (if necessary): Encrypt traffic between the kiosks and the central server.

E. Additional Considerations: TPWD requires the kiosk to be compatible with the following:

1. Accessibility: Ensure the kiosk is accessible to users with disabilities (e.g. screen readers, tactile keypads).

2. Privacy: Display a clear privacy policy and minimize data collection. Encrypt any sensitive data.

3. Regular Security Audits: Conduct regular security assessments and penetration testing to identify vulnerabilities.

4. Physical Security Monitoring: Security cameras, alarms, or other monitoring systems to deter tampering.

5.3. Software Functional Requirements. The application software must include the following features:

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A. Operating System:

1. Support Android and Apple iOS operation platforms of the kiosks. TPWD is currently using an Android operating platform, but solution shall be capable of supporting both options.

2. Print permits and receipts for customers for day-use, campsite, ticketing, etc.

3. Provide accessibility features, such as color and font size, to comply with state DIR EIR policy and federal 508 compliance standards.

4. Support TPWD security policy (https://tpwd.texas.gov/site/policies/privacy-and-security-policies), Texas Administration Code 202 (https://texreg.sos.state.tx.us/public/readtac%24ext.ViewTAC?tac_view=5&ti=1&pt=10&ch= 202&sch=C&rl=Y), and adhere to State of Texas Department of Information Resources policies (https://dir.texas.gov/technology-policy-and-planning).

5. Provide and support language requirements for translation into Spanish and other languages.

6. Support any selected and approved payment devices of State of Texas Department of

Information Resources (DIR) vendor, both current and any future vendor(s).

B. Integration:

1. Integration with cloud computing of Amazon web services (AWS) currently utilized by the Park

Reservation System Software to support the following functions

i. Helps customers obtain day-use passes.

ii. Allow customers to reserve available campsites.

iii. Ticketing feature that allows customers to sign up for park tours.

iv. Support customers checking in to advance-reserve day use and campsites at a state park.

v. Support customer login to apply discounts using various passes, such as annual pass, disability pass, veteran pass, etc.

2. Allow for future integration with credit card swipe machine once made available through DIR payment processing vendor.

C. Payment Processing:

1. Allow customers to use touch screen option to manually entry the credit card details for payments.

2. Process digital payments from customers in accordance with State of Texas Department of Information Resources (DIR) vendor, both current and any future vendor(s).

D. System Notifications:

1. Send notifications and alerts in the specific distribution list to the park about network outages, low paper rolls (notification at or around approximately 25% remaining), power outages, or any other issues that may prevent the system from functioning properly.

2. Notifications shall be sent to TPWD contact(s) as well as Contractor to assist in trouble shooting efforts to minimize in the amount of down time.

E. Reporting: Provide reports on customer reservation usage and logs of the outdoor kiosk solution.

https://tpwd.texas.gov/site/policies/privacy-and-security-policies https://tpwd.texas.gov/site/policies/privacy-and-security-policies https://texreg.sos.state.tx.us/public/readtac%24ext.ViewTAC?tac_view=5&ti=1&pt=10&ch=202&sch=C&rl=Y https://texreg.sos.state.tx.us/public/readtac%24ext.ViewTAC?tac_view=5&ti=1&pt=10&ch=202&sch=C&rl=Y https://dir.texas.gov/technology-policy-and-planning

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5.4. Installation Requirements:

A. TPWD will provide:

1. Network connections (internet connectivity) .

2. Network data cable weatherproof for wired connectivity.

B. Prior to installation of the Kiosks, TPWD will:

1. Provide construction area with cement paved to support outdoor kiosk installation

2. Provide network and electricity connectivity installation

C. Kiosk installation schedule shall be coordinated with the TPWD Project Manager and Park

Manager. Respondent shall provide delivery and installation schedule with bid response.

5.5. User Acceptance Testing (UAT):

A. Prior to acceptance, each kiosk shall be tested to ensure hardware, software and installation requirements as outlined herein are functioning properly.

B. TPWD requests a dedicated kiosk for TPWD Headquarters to be used for testing purposes.

Respondent shall address if testing unit is an option, and if it will become the property of TPWD or a loaner that would be returned after testing is complete.

C. Respondent shall provide testing approach and schedule as part of the project schedule in their technical proposal, Exhibit E.

5.6. Project Schedule: It is TPWD’s intent to have kiosks delivered and installed as quickly as possible.

Respondents shall provide delivery, installation, and testing schedule with bid response. Project Schedule may be a factor in determining best value award.

5.7. Potential State Parks. TPWD anticipates the following parks as part of the initial award. Final number and location for initial project for kiosks will be determined at time of award:

A. TPWD AustinHQ - dedicated for UAT B. Goliad State Park C. Lake Corpus Christi SP D. Brazos Bend State Park E. Lake Mineral Wells State Park F. Mother Neff State Park G. Tyler State Park H. Ray Robert - Johnson Branch State Park I. Ray Roberts Lake SP - Isle du Bois J. Honey Creek K. Inks Lake L. Albert & Bessie Kronkosky (ABK) State Natural Area M. Palo Pinto Mountains N. Franklin Mountains O. Wyler Tram (Ticketing Tour feature)

6. CONTRACTOR REQUIREMENTS

6.1. Contractor must be able to perform the following:

A. Perform site survey, if needed, to determine the American with Disabilities Act (ADA) compliance, network cable, and conduit information, as applicable.

B. Ship, deliver, and install outdoor kiosks to the designated park locations. Some locations are remote and rural.

C. Provide a five-year warranty to replace part(s) of the kiosk in case of malfunction or damage.

1. Touchscreen

2. All-Weather Speakers (covered by IP-67 Moisture Barrier)

3. Camera

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4. Microphone

5. ADA Navigation Pad

6. Navigation Pad with Audio Jack

7. Barcode Scanner

8. Printer

9. Uninterruptable Power Supply

10. Cooling System

i. Operating Condition: 0°F to 130°F (-18°C to 54°C)

ii. Relative Humidity: 10% to 90%

D. Provide ongoing technical support to troubleshoot hardware and software, including the operating system and administrative console.

E. Must provide basic troubleshooting guides for equipment to each site.

6.2. Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with TPWD. No work, installation or other services shall be undertaken by Contractor except with the prior written authorization by TPWD. Contractor understands and agrees that work, installation or other service performed without prior written authorization of the TPWD is work outside the scope of this contract and shall be performed exclusively at Contractor’s risk.

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

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

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

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

6.7. Contractor is responsible for the prompt removal of all debris, litter, and rubbish regularly throughout the project.

6.8. Contractor shall be solely responsible for the safe operation of all equipment used and for the safety of all personnel employed by or under contract to the Contractor.

6.9. Contractor shall be solely responsible for any damage attributable to Contractor’s operation.

Contractor, at their own expense, shall repair any such damage immediately. The repair work is subject to acceptance by TPWD.

6.10. Contractor is responsible for all the cleanup caused by the operation.

7. TPWD RESPONSIBILITIES

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

7.2 TPWD will provide payment devices for kiosks.

7.3 TPWD will provide paper rolls for the printers.

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

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8. PERFORMANCE MEASURES

8.1. Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this PR and shall not be relieved due to the non-performance of any or all subcontractor(s).

By submitting a proposal, the Respondent commits to providing the goods and services required in the PR.

The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards and guidelines relevant to the execution of this contract.

8.2. TPWD will measure and evaluate the Contractor’s and/or subcontractor’s performance under the contract.

If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor or subcontractor(s) fails to meet their responsibilities as outlined in the PR and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor.

9. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category, including installation services, that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request will be sent to successful respondent to quote on the proposed additional products/services. Respondent shall submit proposals to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all proposals and may issue a separate solicitation for the products/services after rejecting some or all of the responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

10. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

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

10.2. The Contract may only be modified or amended upon mutual written agreement of TPWD Purchaser(s) and the Contractor.

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

11. PRICE ADJUSTMENTS

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

12. INSURANCE

12.1. Contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate Workers Compensation STATUTORY LIMITS

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Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$500,000 Ea. Accident $500,000 Ea. Employee $500,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$1,000,000 Aggregate $5,000 Medical Expense each person $1,000,000 Products Completed Operations $500,000 Personal & Advertising Liability $500,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles $500,000 Combined Single Limit

12.2. Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

12.3. The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M.

Best, and authorized to provide the corresponding coverage.

12.4. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to: Nicole Ernzen / Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be faxed to 512-389- 4677.

13. SUBCONTRACTING

Refer to Section III – General Terms and Conditions, Paragraph 56 – Subcontractors.

14. CONTRACT ADMINISTRATION

TPWD will maintain on-going review and status of Contractor’s progress toward completion of services and will certify whether contractor’s billings are reasonably comparable with the work completed. Payment(s) will not be made until all work has been reviewed and accepted by TPWD.

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

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

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

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

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

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

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15. INVOICING AND PAYMENT

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

15.1. Contractor to submit invoice(s) to: Texas Parks & Wildlife Department, Accounts Payable, 4200 Smith

School Road, Austin, Texas 78744.

15.2. Invoices must show:

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

15.2.2. Name of receiving entity

15.2.3. Contract/purchase order number

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

15.2.5. Total price

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

15.2.7. Attach supporting documentation, if required

15.3. Payment:

15.3.1. The contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties.

15.3.2. Under no circumstances shall TPWD be obligated to make any payment (whether a progress payment or final payment) to Contractor, if any of the following conditions exists:

15.3.2.1. Contractor is in breach of this contract;

15.3.2.2. Any portion of a payment is for services that were not performed in accordance with this contract provided, however, payment shall be made for those services which were performed in accordance with this contract;

15.3.2.3. Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TPWD has made payment to Contractor;

15.3.2.4. If TPWD, in good faith, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this contract; or if Contractor has failed to achieve a level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other contractors or on account of the cost of changes in the Work other than those for which Contractor may be liable.

15.3.3. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee established by law.

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

15.3.5. Electronic payment may be available through some ordering entities. Contact Accounts Payable at

512-389-4833 for additional information.

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SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

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

Event Date/Time RFO Issue Date: May 6, 2025 Questions Due: May 20, 2025; 2:00 PM CT Offers Due Date: June 3, 2025; 2:00 PM CT

2. INQUIRIES

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

Nicole Ernzen, Purchaser Texas Parks & Wildlife Department 4200 Smith School Road Austin, Texas 78744

Contact Info:

Phone 361-413-8984 Fax 512-389-4677 Email: Purchasing.Bidbox@tpwd.texas.gov

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

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

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

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

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

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

http://www.txsmartbuy.com/esbd

RFO No. 802-25-54843 Page 15 of 43

3. PROPOSAL CONTENT

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

3.1. GENERAL RESPONSE FORMAT:

Respondents shall submit one (1) signed proposal (marked Original). In addition, Respondents should submit one (1) copy of the proposal. Pricing should not be included in the submitted copy.

3.2. REQUIRED RESPONSE CONTENT:

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

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

3.2.2. Exhibit B – Compensation and Fees Schedule: Include completed Exhibit B – Pricing Schedule.

Pricing should not be included in the submitted copies.

3.3. ADDITIONAL RESPONSE CONTENT:

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

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

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

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

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

4. PROPOSAL SUBMISSION

4.1. All proposals shall be received and time stamped by TPWD prior to 2:00 PM Central Time on the date specified in Section II, Subsection 1 and the place specified in Section II, Subsection 6. Late proposals will not be considered under any circumstance and will be returned unopened.

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

4.3. Hard copies are not required, and electronic submissions via email can be accepted; Respondent may submit via hard copy OR electronic. If submitting electronically, TPWD can only accept an attachment to the email and cannot accept a link to a file.

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

4.5. Respondents to this PR are responsible for all costs of proposal preparation.

4.6. Proposals shall be submitted to TPWD Headquarters, Purchasing & Contracting, as noted in Section II, Subsection 6 below.

4.7. All submitted proposals become the property of TPWD after the PR submittal due date/ deadline.

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

4.8. When Proposals are opened, only the names of the Respondents who submitted proposals will be read.

Prices and terms will not be divulged until after contract award.

5. DELIVERY OF PROPOSALS

5.1. E-MAIL submittals are preferred for this solicitation. If hard copies are submitted, Respondent shall submit to TPWD by one of the following methods:

6. EVALUATION AND AWARD

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

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

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

6.4. Step 1 – Administrative Review by Purchasing: Only a complete response with the listed required submittal documents will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive. Proposals that do not conform to the instructions included in this PR may be rejected by TPWD. TPWD reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. No proposal received in TPWD Purchasing and Contracting Section after the exact date and time specified as the deadline for responses will be considered.

6.5. Step 2 – Initial Evaluation: A TPWD evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the respondent’s ability to best satisfy TPWD requirements. Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

U.S. Postal Service Overnight/Express Mail Email

Texas Parks and Wildlife Dept.

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

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

Purchasing.Bidbox@tpwd.texas.gov

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

RFO No. 802-25-54843 Page 17 of 43

Evaluation Criteria Weight Compensation and Fees 45% Qualifications, Experience, Capability, Facilities, Equipment, Etc. (based on Exhibit C, Exhibit D) 25%

Kiosk Design (based on Exhibit E – Technical Proposal) 25%

Ongoing maintenance and support services 5% Total 100%

6.6. Step 3 – Short List: At TPWD’s sole discretion, a short-list may be developed. Then, TPWD may check references.

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

6.6.2. Respondents may be asked to provide a virtual demonstration.

6.7. Step 4 - Best and Final Offer (BAFO): The evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award of a contract may be made without discussions or Best and Final Offers, if in the best interest of the state.

6.7.1. Discussions: The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal.

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

6.7.3. The evaluation committee will evaluate the finalists and make a recommendation for award.

6.8. AWARD: TPWD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TPWD in performance of this service. TPWD will be the sole judge of best value. (Refer to Section III, Item 3.3 for Best Value criteria.)

RFO No. 802-25-54843 Page 18 of 43

SECTION III – GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS – INFORMATION TECHNOLOGY PROJECTS

MARCH 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. SPECIFICATIONS:

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

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

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

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

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

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

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

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

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

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

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

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

3.3.3. Effect of the proposed solution on agency productivity.

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

3.3.5. Experience in successfully providing services in this solicitation.

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

a) The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor Performance

System,

b) Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

c) Having repeated negative Vendor Performance Reports for the same reason,

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

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

www.txsmartbuy.com/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

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

http://www.txsmartbuy.com/vpts

RFO No. 802-25-54843 Page 20 of 43

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

6. DELIVERY:

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

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

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

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

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency.