ESBD_416612_1746624363615_802-25-58665 TPWM Circulation Fulfillment.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-25-58665

Circulation Fulfillment Services for Texas Parks & Wildlife Magazine

NIGP Class/Items: 915-60

RFP Issue Date: May 7, 2025 Questions Due: May 21, 2025 ; 2:00 PM CT

HUB Notification Deadline: May 23, 2025 (may be applicable if subcontracting)

Proposal Due Date: June 5, 2025; 2:00 PM CT

Purchaser: Vanessa D Contreras, CTCD, CTCM 512-389-4772 Purchasing.Bidbox@tpwd.texas.gov

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

mailto:Purchasing.Bidbox@tpwd.texas.gov

RFP No. 802-25-58665 Page 2 of 57

Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Solicitation Method and Intent

4. Contract Term

5. Qualifications and Experience

6. Definitions

7. Circulation Fulfillment Service Requirements

8. Contractor Requirements

9. TPWD Responsibilities

10. Performance Measures

11. Quality Assurance Plan

12. Business Continuity and Disaster Recovery Plan

13. Adding New Products/Services to Contract After Award

14. Personnel Continuity and Replacement

15. Assumptions

16. Changes in Service Process

17. Modifications of Contract Terms and/or Amendments

18. Price Adjustments

19. Transition of TPWD Property

20. Additional Terms and Conditions

21. Insurance

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22. Subcontracting

23. HUB Subcontracting Plan

24. Contract Administration

25. Invoicing and Payment

26. TX-RAMP CERTIFICATION REQUIREMENT ........................................ Error! Bookmark not defined.

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Proposal Content

4. Proposal Submission

5. Delivery of Proposals

6. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – HUB SUBCONTRACTING PLAN

EXHIBIT C – PRICE SHEET

EXHIBIT D – COMPANY PROFILE

EXHIBIT E – KEY PERSONNEL

EXHIBIT F – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT G – TECHNICAL PROPOSAL

EXHIBIT H – RESPONSE SUBMISSION CHECKLIST

ATTACHMENT 1 – SAMPLE PRINT ORDER

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

Texas Parks and Wildlife Department (TPWD) is seeking competitive sealed proposals from qualified contractors to provide Circulation Fulfillment Services for the Texas Parks & Wildlife Magazine (TPWM) in accordance with requirements specified herein and the resulting contract. Services shall be provided to the TPWM in the Communications Division at TPWD Headquarters, 4200 Smith School Road, Austin, Texas 78744.

Circulation Fulfillment Services shall include receiving payments, sending renewals, managing customer and sales databases, call center support, letter shop services, product fulfillment, and other services as necessary to successfully complete services described herein.

2. BACKGROUND

2.1. TPWD publishes TPWM as authorized by Parks and Wildlife Code § 12.006 and § 13.017.

2.2. TPWM currently publishes ten (10) monthly issues per year (with combined issues in January/February and

August/September).

2.3. TPWM publishes a mobile app for Android and Apple devices. Contractor is expected to provide entitlement services for app access. Secure website entitlement may be added later.

2.4. The current active subscription file size is as follows:

2.4.1. For the purposes of this solicitation, the monthly label count is 55,000. The total monthly print copy count is about 70,000.

2.4.2. Through different subscription efforts such as direct mail and holiday gift sales, TPWM may add approximately 10,000 – 25,000 new names to the file annually.

2.5. In addition to the magazine, TPWD may produce and distribute premiums or items for sale and distribution in the future such as calendars, prints, booklets, and other ancillary products.

3. SOLICITATION METHOD AND INTENT

3.1. The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, availability, 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 RFP.

3.2. It is TPWD’s intent to identify a qualified contractor and award one contract for circulation fulfillment services that presents the best value and best meets the business needs of TPWD. It is TPWD’s sole discretion to determine best value.

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

4. CONTRACT TERM

4.1. Initial Contract Term: The contract shall commence on October 1, 2025 and continue through September

30, 2027, unless sooner terminated under the terms of the contract.

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4.2. Renewal Option: Contract may be renewed for up to three (3) 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.

4.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFP 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.

4.4. 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.

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

4.6. Quantities: Unless this RFP states otherwise, the resulting contract award does not guarantee volume or a commitment of funds or any minimum or maximum quantity of services. TPWD reserves the right to increase or decrease quantities as needed for the same price. TPWD will only pay for actual services provided within the contract term.

5. QUALIFICATIONS AND EXPERIENCE

5.1. Minimum Qualifications and Experience: Respondent (and awarded contractor) shall meet the following minimum qualifications:

5.1.1. Shall be engaged in the business of providing magazine circulation fulfillment services for consumer magazines with a minimum circulation of 60,000 for a minimum of five (5) years within the last seven (7) years. Recent start-up businesses do not meet the requirements of this solicitation. (A start-up business is defined as a new company that has no previous operations history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.) A circulation broker does not meet the requirement of this solicitation.

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

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

5.2. Key Personnel Experience: Respondent shall provide the following Key Personnel:

5.2.1. Customer Service Representative (CSR): A CSR with a minimum of three (3) years’ experience within the last five (5) years with consumer magazine circulation and/or fulfillment service (applicable to those services respondent is proposing to provide).

5.2.2. Team Members: Team members, each with a minimum of three (3) years of experience within the last five (5) years in the services described herein, have the knowledge to develop and implement the service requirements in this solicitation.

NOTE: Personnel may serve in multiple roles.

5.3. Supporting Documentation: Respondent shall complete and submit Exhibit D – Company Profile, Exhibit

E – Key Personnel, Exhibit F – Past Projects with Corresponding References with proposal to provide documentation to support the above qualifications. (Ref: Section II, Subsection 3.3.)

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6. TX-RAMP CERTIFICATION REQUIREMENT

In the 87th Legislative Session, the Texas Legislature passed Senate Bill 475, requiring the DIR to establish a state risk and authorization management program that provides “a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of a state agency.” To comply, DIR established a framework for collecting information about cloud services security posture and assessing responses for compliance with required controls and documentation. Texas Government Code

2054.0593 mandates that state agencies as defined by Texas Government Code 2054.003(13) must only enter or renew contracts to receive cloud computing services that comply with TX-RAMP requirements beginning January 1, 2022. TXRAMP Level 1 Certification must be obtained by January 1, 2024. TX-RAMP Provisional Certification may be obtained in place of TX-RAMP Level 1 or 2 Certification for a period of 18 months to expedite compliance to assist with active procurements.

Pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Respondent represents and warrants that it complies with the requirements of the state risk and authorization management program and Respondent agrees that throughout the term of the contract it shall maintain its certifications and comply with the program requirements in the performance of the

7. DEFINITIONS

7.1. AAM — Alliance for Audited Media (Formerly, ABC, the Audit Bureau of Circulation)

7.2. Buckslip – A single sheet of paper, smaller than a letter, inserted into a mail piece

7.3. CASS – Coding Accuracy Support System

7.4. Cheshire Labels – A type of label printed onto continuous feed paper which are cut into label-sized strips and glued onto mailing pieces; designed to be applied by Cheshire addressing equipment

7.5. Commingle – The process of sorting mail from different mail streams into one combined stream

7.6. CSR —Customer Service Representative

7.7. CT – Central Time

7.8. ENTITLEMENT — Providing digital verification of a subscription to allow access to paid content areas of a mobile app or secure website

7.9. FTP – File Transfer Protocol – the protocol used for copying files to and from remote computer system on a network using TCP/IP such as the internet

7.10. IMb – Intelligent Mail barcode

7.11. Merge/Purge – Computer manipulations of several lists for a mailing whereby the various lists are merged together, and duplicate records are purged (deleted) from the final mail file according to specific priorities.

Each list is assigned a key code. The merge/purge can be by individual, family, residential, or as specified by TPWM

7.12. NCOA – National Change of Address

7.13. OOH – Out-of-house advertising

https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00475F.pdf#navpanes=0 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2054.htm#2054.0593 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2054.htm#2054.0593 https://statutes.capitol.texas.gov/sotwdocs/gv/htm/gv.2054.htm#2054.003

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7.14. PAVE – Presort Accuracy, Validation, and Evaluation (PAVE™); a certified bulk mail presort software that has been tested and certified by the post office for accuracy in doing different types of sorts and producing various types of postal documents

7.15. PUBLISHER — Texas Parks and Wildlife Department

7.16. SERVICE BUREAUS — Circulation marketing, list management, printers and other vendors

7.17. SFTP – SSH File Transfer Protocol is a secure version of File Transfer Protocol (FTP), which facilitates data access and data transfer over a Secure Shell (SSH) data stream

7.18. TPWM — Texas Parks & Wildlife magazine in the Communications Division of TPWD (includes also an assigned representative)

7.19. USPS — United States Postal Service

Note: Refer to Section III, Subsection 1 - Definitions for additional definitions of terms and acronyms.

8. CIRCULATION FULFILLMENT SERVICE REQUIREMENTS

Contractor shall manage all aspects of Circulation Fulfillment, including receiving payments, sending renewals, managing customer and sales databases, call center support, letter shop services, product fulfillment, and other services as necessary to successfully complete services described herein.

Services shall include, but are not limited to the following activities:

8.1. CIRCULATION FULFILLMENT SERVICES: As the Circulation Fulfillment Service Provider for the TPWM, the

Contractor is required to provide the following Circulation Fulfillment Services.

8.1.1. Circulation Fulfillment Contractor will receive mail, open mail, and deposit funds into a TPWD-approved bank account daily.

8.1.2. Incoming phone, email, inquiries, and postal mail correspondence will be answered within two (2) working days, and following scripts, provide one-stop customer support to minimize calls and referrals to TPWM.

8.1.3. Expired customer subscription information shall be maintained a minimum of three (3) full calendar years, plus the partial year of expiration. Some information to remain in active file while older information may be held in a separate database. Master file records shall include: (a) active records; (b) suspended records; (c) change of address history (for six (6) months following change of address); (d) voluntary and involuntary cancel records (for six (6) months after last issue served);

and (e) expires for two (2) years, plus the current year, after last expire issue.

8.1.4. Select from master file and transfer to electronic media and/or labels records by source, expiration date, Sectional Center Facility (SCF), state, etc., in order to fulfill mailing list rental requirements.

8.1.5. Counts of supplementary labels shall be made available to the TPWM twice per year in the months of the combined issues, if instructed to do so by the TPWM. Labels for these subscribers shall be provided to the TPWM printing press.

8.1.6. TPWD will provide a billing schedule for renewals and promotions.

8.1.7. Mail renewals within eight (8) working days. TPWM will fund a postal account prior to all mailings or reimburse Contractor for postage on the renewals.

8.1.8. Produce the following efforts based on type:

a. Up to seven (7) renewal efforts

b. Up to six (6) efforts for gift donors

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c. Up to four (4) efforts for cold-donor gifting

The number of efforts is subject to change, but this information is provided as a starting point for price comparisons among Respondents.

8.1.9. Provide subscriber invoicing. Contractor shall provide design guidelines supporting Optical

Character Recognition (OCR), print on demand customization or other automated processes, if available, using Contractors stock paper and envelopes or custom stock.

8.1.10. TPWM will provide a schedule that includes the date on which unpaid credit subscriptions shall be suspended or canceled and provide the typical lead-time required to process the suspensions and cancellations.

8.1.11. Mail invoices within five (5) working days. Respondent may suggest a different schedule with approval from TPWM.

8.1.12. TPWM may elect to provide renewal and other forms. Contractor shall provide design guidelines supporting OCR, print on demand customization or other automated processes.

8.1.13. Create a single invoice or renewal notice for multiple gift recipients (donees) (multiple gift subscriptions purchased by an individual/firm).

8.1.14. Print various messages on renewal notices and invoices as instructed by TPWM.

8.1.15. Assist TPWM in establishing local postal accounts and mailboxes sufficient to segregate returns from mailing efforts. All such accounts will be funded directly by TPWM or reimbursed to Contractor.

Please include address and contact information for USPS facility.

8.1.16. Volume of correspondence varies with seasonal promotions: Usually two (2) Direct Mail campaigns are conducted annually. Gift promotions are conducted for holiday gift giving and special offers annually.

8.1.17. TPWD reserves the right to require the Contractor to demonstrate the circulation fulfillment services and capabilities through onsite visits or other means.

8.1.18. Contractor provides/hosts unique online order pages for various subscription ordering processes such as gift promotions, special offers, social media links, etc.

8.1.19. Contractor shall work with TPWD to devise renewal and billing series letters, forms, envelopes, and

Business Reply Envelopes.

8.1.20. Set up email renewal and billing options in addition to the USPS mail renewals and billings.

8.1.21. Implement E-commerce solutions for back issue fulfillment or selling current issue online.

8.1.22. Provide email-marketing solutions (back-end programming, etc.) that are linked to subscription ordering and customer inquiries.

8.1.23. Authentication/Verification Service (Entitlement): Set up a solution where magazine customers can login to a secure site, if already a subscriber, or subscribe online and receive access to a subscribers’-only mobile app or website. Or the customer receives an email link to a secure site.

Additionally, set up reply delivery of a link to a downloadable PDF upon verification of subscription.

8.1.24. Recurring Payment or Auto Charge Credit Card System: For auto-renew subscriptions, with email notification and credit card processing, including a method to validate expired cards.

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8.1.25. Devise dynamic web pages for assorted key code entry, including populating the form with information and prices associated with a specific offer key code and customer data.

8.1.26. Set up secure web page access for subscriber to log in and update his own address information and other customer service issues.

8.1.27. Provide data feeds for importing into modeling solutions.

8.1.28. List Hygiene: National Change of Address (NCOA), Intelligent Mail Bar Code, and Coding Accuracy

Support System (CASS) certified mailing. Maintain and submit subscriber label data according to USPS regulations, maximizing the postal discounts available.

8.1.29. Provide online access for TPWM and Circulation Marketing Contractor to access management reports, daily deposits report and database.

8.1.30. In the event of change of Circulation Fulfillment Contractors, the Contractor shall cooperate with

TPWD in transferring TPWD’s data and file layouts to another location to be designated by TPWD.

All magazines, premiums or products warehoused at the Contractor’s location shall be returned to TPWD or to a designated location. Transportation charges will be paid by TPWD if cancellation is by mutual agreement. The Contractor shall pay transportation charges if the cancellation is for non-performance.

8.2. SUBSCRIPTION CIRCULATION FULFILLMENT PROCESSES: the Contractor is required to provide the following subscription circulation fulfillment services.

8.2.1. Send presorted subscriber mailing label information in zip-code order by FTP files for each month of printing (10 issues) to the TPWM printer. However, there may be a future supplemental mailing in the months of the combined issues in January/February and August/September.

8.2.2. Receive and enter:

d. Regular new subscription orders.

e. Renewal orders.

f. Gift subscription orders.

g. Invoice payments.

h. Complimentary orders.

i. Trial subscription orders.

j. Subscriptions from subscription agencies.

k. Track multiple recipients related to a single donor.

l. Collect email addresses including auto email address feed.

m. Process requested cancellations.

n. Suspend open credit orders based on schedule provided.

o. Reinstate canceled orders upon receipt of payment.

p. Extend subscriptions by single issues when requested.

8.2.3. LETTER SHOP SERVICES:

Provide letter shopping services and deliver jobs that have been processed for optimal sorting and that meet all USPS requirements for preparation and class to post office. The Contractor shall:

a. Prepare all classes of mailing in accordance with the USPS postal regulations as specified in the USPS Domestic Mail Manual (DMM).

b. Commingle letters with like mailings to maximize postal discounts whenever possible.

c. Provide generic forms (or use TPWM supplied printed forms) for renewals, invoices, gift cards and acknowledgments.

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d. Generate up to eight (8) regular renewal efforts. (The number may be adjusted in the future.)

e. Generate up to five (5) regular invoice efforts. (The number may be adjusted in the future.)

f. Print a variety of messages on each form as determined by TPWM copy and as setup by variable criteria in print programming of messages.

g. Produce invoices for trial subscriptions on a separate timing schedule than the regular invoice schedule, when applicable.

h. Create a single renewal notice for one donor with multiple recipients that have different expiration dates.

i. Create a single invoice for one donor with multiple gift recipients.

j. Mail renewal notices to donors, recipients, and other subscribers based on a schedule provided by TPWM or approved Circulation Marketing Contractor.

k. Generate and mail gift cards.

l. Generate and mail acknowledgements to donors.

m. Insert buckslips and additional pieces into outgoing mail per instructions.

n. Print and mail direct mail promotions using Contractors’ generic stock.

o. Laser print forms and letters on TPWM or third-party provided custom stock.

8.2.4. POSTAL SERVICES

The Contractor shall:

a. Maintain up-to-date equipment and software applications that support USPS encoding requirements and updates.

b. Provide the TPWM Manager with all monthly postal transaction statements and reports for domestic and international mailings.

c. Provide optimal postal sorting and commingling for best rate.

d. Use Intelligent Mail barcode (IMb) processing for outgoing and incoming address barcodes.

e. Provide reports for preparation of USPS Forms.

f. Receive automatic address correction uploads from the USPS.

8.2.5. ELECTRONIC, WEB, AND DIGITAL SERVICES

a. Produce and deliver emailed renewal efforts.

b. Provide e-mail creative assistance.

c. Set up e-mail blasts for subscription and product marketing.

d. Transmit e-mail blasts.

e. Maintain database of subscribers receiving a digital edition (mobile app) of the magazine.

f. Host web pages for subscription offers, renewals, address changes and customer inquiries. Populate online forms with subscriber account information, accept and process incoming orders.

8.2.6. LIST RENTAL SERVICES

a. Create and maintain master file of available list rental names.

Note: Contractor is prohibited from renting or selling names on master file.

These names are the property of TPWD.

b. Provide reports of names available for list rental.

c. Merge/purge against master file.

d. Provide NCOA processing.

e. Provide deceased subscriber processing.

f. Provide FTP address label data to other vendors according to the Manager’s instructions via push.

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g. Load address label data to Contractor’s site to be pulled by other TPWM vendors.

h. Process and ship 4-up Cheshire labels when requested.

i. Process and ship pressure sensitive labels when requested.

j. Process and transmit labels via e-mail when requested.

k. Process labels via magnetic tape or SFTP when requested.

l. Provide price per selects, to include, but not be limited to: key codes, sectional center facilities or zip code select, and split files for testing.

8.2.7. CUSTOMER SERVICE

Provide customer service support via telephone, (receive and process national and international customer calls on an 800 line owned by TPWM), postal mail or email, which include, but not be limited to:

a. General telephone customer service.

b. Telephone transactions for gifts.

c. E-mail customer service.

d. Internet customer service.

e. Internet and e-mail acknowledgement.

f. Automated customer service.

g. Up-sells (when available).

h. Secondary transactions.

i. Solicitation and prank call.

j. Clerical services.

k. Inquiry and correspondence services.

8.2.8. FINANCIAL SERVICES

a. Provide general telephone customer service.

b. Process telephone transactions for gifts.

c. Process credit card transactions.

d. Make daily deposits to an account(s) set up by the state’s fiscal agent (Texas

Comptroller of Public Accounts) and provide sales tax data on each ancillary product deposit, when applicable.

e. Send refund requests information directly to TPWM on a weekly basis so that TPWM can reimburse directly to customer rather than the Contractor.

f. Upload Texas sales tax tables when necessary.

8.2.9. REPORTS

The Contractor shall submit reports as requested by TPWD. Reports and format standards will be approved by TPWD and shall be delivered to the designated TPWD representative. The standard report package shall include, but not be limited to, the following:

• ORDER REPORTS

a. Renewal tracking by effort.

b. Invoice by effort response.

c. Renewal percentage rate.

d. Detail product sales.

e. Renewal tracking by expiration date.

f. Renewal by source.

g. Expiration analysis.

h. Subscription adds and drops report.

i. Subscription source-to-source tracking.

j. Product order source reports.

k. Back orders.

l. Inventory status.

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• CIRCULATION FULFILLMENT REPORTS

a. Label reports.

b. Sectional Center Facility (SCF) counts.

c. Geographic breakdown.

d. Premiums shipped reports, when applicable.

e. Products shipped reports, when applicable.

• AUDIT REPORTS

a. All reports necessary to prepare the AAM (formerly ABC) Publisher’s Statements for the printed edition of the magazine.

b. All reports necessary to prepare the AAM Publisher’s Statements for the digital edition of the magazine.

c. All reports necessary to prepare the Statement of Ownership for the USPS.

• LETTER SHOP REPORTS:

a. Dates, times, quantities and cycle for all renewal mailings, all invoice mailings and all gift cards.

• MARKETING REPORTS

a. Outside file merge/purge.

b. Flash counts.

c. Production activity.

d. Starts by issue.

e. Source code reports.

f. Subscription term and value.

g. Promotional analysis.

• FINANCIAL REPORTS

a. Deposits.

b. Sales tax collections by taxing unit for products sold, based on Texas Comptroller of Public Accounts requirements.

c. Accounts receivable.

d. Earned income.

e. Deferred revenue and liability.

f. Inventory.

• QUERY TOOL: Provide a query tool for the TPWM to customize reports.

• CUSTOM REPORTS: Provide customized reports as requested.

Note: Respondent to specify prices for these services in Exhibit C – Price Sheet. (In addition, respondent may attach a pre-printed price sheet.)

8.3. PREMIUM AND PRODUCT CIRCULATION FULFILLMENT OPPORTUNITIES (OPTIONAL SERVICE)

Premium Circulation Fulfillment functions may be added to the resulting contract as needed. Premium Circulation Fulfillment is tied to an individual’s magazine subscription. Options include T-Shirts, hats, booklets, pamphlets, maps, (pick, pack, and ship) etc. Optional products and design require approval from

TPWM.

8.4. CONFIDENTIAL CUSTOMER INFORMATION

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Under Parks and Wildlife Code section 11.030, the name and address, telephone, social security, driver’s license, bank account, credit card, and charge card information of TPWD customers is confidential. The selected contractor will act as an agent of TPWD for the narrow purpose of obtaining customer information strictly necessary for the fulfilment of the resulting contract. Contractor must maintain the confidentiality of the collected customer information.

9. CONTRACTOR REQUIREMENTS

9.1. 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.

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

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

9.4. Contractor is responsible for all costs incurred in the performance of the contract unless otherwise specified.

9.5. Contractor shall comply with all laws, ordinances, statutes and regulations pertaining to the services requested herein, and shall obtain such permits, licenses or other authorizations as may be required.

9.6. Contractor shall follow relevant safety rules, provide all required safety equipment, and conduct the work in a safe manner.

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

9.8. Contractor shall provide a CSR as the primary point of contact, meeting the following requirements.

9.8.1. CSR shall be on-call between the hours of 8:00 a.m. and 6:00 p.m. CT, Monday through Friday with the responsibility and authority for all processes involved with this contract.

9.8.2. CSR’s primary responsibility shall be the day-to-day operation of the service in accordance with the requirements of the contract.

9.8.3. CSR shall be a permanent employee and shall serve as a primary point of contact for TPWD. Notify TPWM within 48 hours whenever there is a change in the CSR.

9.8.4. CSR shall be fluent in English with the ability to receive, give and understand written and oral instructions.

9.9. Contractor shall provide competent supervision.

9.10. Contractor shall employ adequate number of personnel to fulfill TPWD orders in the timeframes detailed below.

9.10.1. Product orders for customers requiring overnight or second day delivery shall be processed within one business day, when applicable.

9.10.2. All other product orders shall be fulfilled within five (5) business days, when applicable.

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9.10.3. Subscription orders shall be entered within three (3) business days.

9.11. Contractor shall meet with TPWM staff as needed and/or upon request from TPWD.

9.12. Contractor shall make every effort to meet deadlines set by TPWM. In the event of the Contractor’s inability to complete assignments and/or meet deadlines, TPWD reserves the right to assign the work to other subcontractors (note that these subcontractors must be listed on the HSP), either temporarily or permanently with no financial obligation to Contractor for completed work.

9.13. Contractor shall use TPWD subscriber data solely for the performance of services specified in this solicitation.

9.14. Contractor shall protect and secure subscriber data per the requirements provided in Section III, Paragraph 25.

9.15. Contractor shall obtain and maintain necessary business licenses and permits.

9.16. Contractor shall take precautions necessary to protect person or property against injury or damage and be responsible for such injury or damage.

9.17. Contractor shall follow all schedules as provided and specified by TPWM.

9.18. Work Hours: Customer service staff shall answer customer calls and process customer requests Monday through Friday, 7:00 a.m. until 11:00 p.m. CT and Saturday, 8:00 a.m. until 5:00 p.m. CT. Respondent may suggest additional hours of operation that extend the minimum hours stipulated.

10. TPWD RESPONSIBILITIES

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

10.2. TPWM will establish postage account(s) for the payment of postage. TPWM reserves the right to fund such postal account directly, or to reimburse the Contractor for the Contractor’s actual expense in funding of the account on the behalf of TPWM. Any such reimbursement shall be shown as a separate line item on the Contractor’s invoice and shall be accompanied by documentation substantiating the placement of Contractor’s funds into the TPWM postal account.

10.3. TPWM will provide the master list of subscribers based upon the closing file from a previous circulation manager.

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

11. PERFORMANCE MEASURES

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

By submitting a proposal, the Respondent commits to providing the goods and services required in the RFP. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards and guidelines relevant to the execution of this contract.

11.2. 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 RFP 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

RFP No. 802-25-58665 Page 15 of 57 performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor.

11.3. An unsatisfactory performance determination is at TPWD’s sole discretion and includes, but is not limited to:

11.3.1. Failure to meet the deadline for delivery of labels to the printer.

11.3.2. Two instances within one month of failure to ship products on time, as defined in the specification

(except when products are on back order).

11.3.3. Multiple customer complaints (more than five similar complaints within 30 calendar days), directed to TPWM concerning issues handled by the customer service department.

Note: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both.

12. QUALITY ASSURANCE PLAN

12.1. Respondent shall submit a proposed Quality Assurance Plan with their proposal submission (Refer to

Exhibit G – Technical Proposal)

12.2. Contractor shall provide and maintain a comprehensive, continuous, and measurable quality assurance program.

12.3. Quality Assurance Plan to include:

12.3.1. Strategies and processes to promote quality.

12.3.2. Procedures to periodically measure and report quality performance to TPWM throughout the contract period.

12.3.3. Frequency that Contractor conducts internal audits and engages external audit firms to conduct audits of its operations.

12.3.4. Controls to be used within the project to assure quality and consistency throughout the life of the project.

13. BUSINESS CONTINUITY AND DISASTER RECOVERY PLAN

13.1. Respondent shall submit a proposed Business Continuity and Disaster Recovery Plan with their proposal submission. (Refer to Exhibit G – Technical Proposal).

13.2. Contractor shall design, and update as needed, a disaster recovery plan meeting the approval of the TPWD.

13.3. Disaster Recovery Plan shall include but not be limited to:

13.3.1. Records and billing information

13.3.2. Provisions in place to protect the integrity of the master file in the event of a disaster

13.3.3. Return of all materials belonging to TPWD

13.3.4. Disaster plans for all subcontractors shall be included and made available to TPWD, upon request.

14. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request will be sent to 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.

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15. PERSONNEL CONTINUITY AND REPLACEMENT

15.1. TPWD recognizes that events beyond the control of the Contractor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the CSR will require the Contractor to notify TPWM within forty-eight (48) hours if this type of event occurs. Contractor will provide a timeline for CSR replacement.

15.2. If TPWD determines the CSR is unable to perform in accordance with the service requirements or to communicate effectively, the Contractor shall immediately remove that person.

15.3. Any proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TPWD.

Resume(s) and reference(s) will be requested for the proposed replacement(s). TPWD may reject any replacement if references or past working performance is questionable or unfavorable. TPWD will evaluate the qualifications of the proposed replacement personnel and determine if the replacement is acceptable.

15.4. Respondent shall describe how they meet the above personnel continuity and replacement requirements.

(Refer to Exhibit G – Technical Proposal)

16. ASSUMPTIONS

16.1. TPWD will assume no responsibility for any understanding or representation concerning conditions made by any of its employees, agents, or consultants prior to the execution of the contract unless included in the contract documents.

16.2. Schedules and Deadlines: TPWD and Contractor to mutually agree on service schedules and deadlines.

17. CHANGES IN SERVICE PROCESS

17.1. TPWM and the Contractor may make changes to the work herein described as may be necessary to achieve the highest quality of production by the most efficient and cost-effective means; or to include different elements or special features that were not contemplated or fully developed at the time of Award.

17.2. The Contractor shall keep abreast of new technology in the industry. The parties recognize that new developments in the industry may result in cost savings, and that the Contractor, with the approval of TPWM, is expected to implement any new technological developments providing lower costs or improved product quality, with savings passed on to TPWD.

17.3. If the Contractor does not implement new technology that is available to TPWM elsewhere, TPWM reserves the right to remove from the Contractor’s production facility that portion of the production work affected by such new technology, without any liability or penalty to TPWM.

17.4. TPWM reserves the right to contract with third parties for the printing, production and delivery to the Contractor’s production facility, of special items for inclusion and incorporation into the work flow. The Contractor shall cooperate with TPWM and any third party with whom TPWD may contract in the process of integrating and incorporating such.

18. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

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

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

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18.3. 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.

19. PRICE ADJUSTMENTS

19.1. Basis for Price Changes:

19.1.1. TPWD will permit “unit price” adjustments upwardly or downwardly when correlated with the price index specified herein at time of renewal. Unless otherwise indicated, the price index shall be the specified index published by the Bureau of Labor Statistics, Washington DC 20212. The baseline index shall be the index announced for the month in which the solicitation opened. Unit prices may be adjusted for each renewal period in accordance with changes in index. The allowable percent change shall be calculated by subtracting the baseline index from the index announced for the month in which the renewal option is exercised and dividing the result by the baseline index. The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the Contractor may offer price decreases in excess of the allowable percent change.

19.1.2. Price increases for the first, second, and third extension periods will be based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).

19.2. Procedure to Request Increase or Offer Decrease:

19.2.1. Submit the price increase request a minimum of 30 days prior to each renewal period including the contract number in the subject line, to:

Texas Parks & Wildlife Department Attn: Purchasing & Contracting Division 4200 Smith School Road, Bldg. C-1 Austin, TX 78744 Email: purchasing.bidbox@tpwd.texas.gov

Contractor must supply supporting documentation as justification for each request.

19.2.2. Upon receipt of the request, TPWD reserves the right to either: accept the escalation as supported by the appropriate price index and make the change to the Contract within 30 days of the request, negotiate with the Contractor or cancel the Contract if an agreement cannot be reached on the value of the increase.

19.2.3. Price decreases will be accepted at any time during the term of the Contract. The price decrease must be submitted to the Purchasing & Contracts via email, which is provided in Section 20.2.1.

20. TRANSITION OF TPWD PROPERTY

20.1. TPWM will provide assistance as needed for the efficient and smooth transfer of all TPWM property, including but not limited to: publications, documents, property, equipment and other material which TPWD retains ownership rights related to work provided under a previous or current contract.

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

mailto:purchasing.bidbox@tpwd.texas.gov

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

20.4. Return of Production Materials: Return all materials at the written request of TPWM to TPWD’s office in Austin, Texas, using a method of shipment selected by TPWM. If overnight delivery service is selected, TPWM will reimburse the Contractor for the overnight delivery cost to return the materials.

20.5. Cancelation or Termination of the Contract: At the end of the contract term or if the contract is cancelled by either party, the Contractor shall return all TPWD property to TPWD or transfer all TPWD property to the TPWD designated Contractor immediately upon TPWD’s request, at the agreed upon service fee.

21. ADDITIONAL TERMS AND CONDITIONS

21.1. Revision to Section III Paragraph 26.1, first sentence to read: TPWD and Contractor reserve the right to terminate the contract at any time for convenience, in whole or in part, by providing ninety (90) calendar days advance written notice of intent to terminate.

21.2. Add the following Terms and Conditions:

21.2.1. CONTRACTING INFORMATION RESPONSIBILITIES: In accordance with Section 552.372 of the Texas Government Code, the Contractor agrees to:

21.1.1.1. Preserve all contracting information related to the contract as provided by the records retention requirements applicable to TPWD for the duration of the contract,

21.1.1.2. Promptly provide to the TPWD any contracting information related to the contract that is in the custody or possession of the Contractor on request of TPWD, and

21.1.1.3. On termination or expiration of the contact, either provide at no cost to TPWD all contracting information related to the contract that is in the custody or possession of the Contractor or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the TPWD.

Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with the requirement of this subchapter.

21.2.2. OWNERSHIP: Any materials furnished to or developed by the Contractor for this service are and shall remain the property of TPWD. All materials shall be carefully maintained and shall be returned promptly when directed by TPWD. Return shall be to an address specified by TPWD. Returned materials shall be packaged adequately to assure delivery in good condition. The Contractor shall be responsible for replacement costs if any material is lost or damaged.

21.1.2. COPYRIGHT: The Contractor shall not sell, copy, establish any claim to statutory copyright, or distribute any data accumulated, records or programs produced for or during the term of the contract without written permission from the designated TPWD contract administrator.

21.1.3. LOGO: The logo to be imprinted on the goods covered by this contract is copyrighted by TPWD.

The Contractor is advised that permission for use of the logo is granted for meeting the requirements of the contract. Any person or company wishing to use this logo for other than this purpose must contact TPWM.

21.1.4. LIQUIDATED DAMAGES: The Parties acknowledge that damages incurred due to a breach of the contract will be difficult or impossible to estimate; therefore, liquidated damages in the amount of

RFP No. 802-25-58665 Page 19 of 57

$1,000 per calendar day, will be assessed if the Contractor neglects, fails, or refuses to complete the work within the time specified in the contract. Each calendar day mailing is delayed will be considered as a breach of contract unless the Contractor has been granted an extension in writing by TPWD.

21.1.4.1. Failure to perform in accordance with the specification and terms and conditions of the contract, after having been notified in writing by TPWD of the specific deficiency, may result in TPWD requiring the Contractor to pay liquidated damages, at a minimum of $1,000 per calendar day until the deficiency is corrected. If the deficiency is not corrected within three days, the Contractor may be considered in default.

21.1.4.2. Contractor may be liable for loss of revenue and the costs associated with securing the services of another Contractor to complete the project.

21.1.4.3. TPWD may deduct liquidated damages from the monies due to the Contractor under the terms of the contract.

21.1.4.4. This provision is not intended as a penalty, but as liquidated damages.

21.1.5. DISCLOSURE OF SECURITY BREACH: Contractor shall provide notice to TPWD at purchasing.bidbox@tpwd.texas.gov immediately upon Contractor’s discovery or reasonable belief that there has been unauthorized use, exposure, access, disclosure, compromise, modification, or loss of sensitive or confidential TPWD customer information (“Security Incident”).

Within five (5) days or sooner of the notification of the confirmed Security Incident, Contractor shall provide a written report to the TPWD IT Security Team or Purchasing & Contracting Department detailing the circumstances of the incident, which includes at a minimum:

21.1.5.1. A description of the nature of the Security Incident;

21.1.5.2. The type of TPWD information involved;

21.1.5.3. Who may have obtained TPWD information;

21.1.5.4. What steps Contractor has taken or will take to investigate the Security Incident; and

21.1.5.5. A point of contact for additional information.

Each day thereafter until the investigation is complete, Contractor shall provide TPWD Purchasing and Contracting Department with a written report regarding the status of the investigation and the following additional information as it becomes available;

21.1.5.6. Who is known or suspected to have gained unauthorized access to TPWD…